6:00PM Ordinary Meeting of Council - Pyrenees Shire · PDF fileCORPORATE AND COMMUNITY SERVICES 12 ... (BMO) mapping across Victoria. ... ORDINARY MEETING OF COUNCIL AGENDA

6:00PM

Ordinary Meeting of Council

19th September 2016

Council Chamber Beaufort

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COUNCIL MEETING

SEPTEMBER 19TH 2016 Opening Prayer Heavenly Father, we ask you to give your blessing to this Council, direct and prosper its deliberations to the advancement of your glory, and the true welfare of the people of the Pyrenees Shire.

Amen Indigenous Acknowledgement We acknowledge the people past and present of the Waddawurrang, Dja Dja Warrung, and Djab Wurrung tribes, whose land forms the Pyrenees Shire. We pay our respect to the customs, traditions and stewardship of the land by the elders and people of these tribes, on whose land we meet today. Apologies 6.00 pm Open Council Meeting Welcome Members of Public Confirmation of Minutes: CRS / That the Minutes of the Meeting of Council held on the 16th August 2016 be confirmed. Amendments: Notice of Disclosure of Interest by Councillors and Officers: Public Question Time and Submissions on Agenda Items: Public Representation: Question Time: Business Arising:

19th September 2016 – PYRENEES SHIRE COUNCIL – ORDINARY MEETING OF COUNCIL AGENDA – ITEMS FOR NOTING

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ITEMS FOR NOTING 4 ASSETS AND DEVELOPMENT SERVICES 4 1. REGULATORY SERVICES UPDATE 4 CORPORATE AND COMMUNITY SERVICES 12 2. CUSTOMER ACTION REQUESTS – JULY 2016 12 3. AUDIT COMMITTEE MINUTES 15 4. COUNCILLOR ACTIVITY REPORTS 17 5. ASSEMBLY OF COUNCILLORS 18 REPORTS FOR DECISION 20 ECONOMIC DEVELOPMENT AND TOURISM 20 6 ECONOMIC DEVELOPMENT UPDATE 20 7 RESOURCE CENTRE REVIEW 24 ASSET AND DEVELOPMENT SERVICES - PLANNING 30 8 AMENDMENT C42 30 ASSET AND DEVELOPMENT SERVICES 34 9 PRIVATE WORKS POLICY 34 10 GRAVEL ROADS 39 CORPORATE AND COMMUNITY SERVICES 47 11 TREASURY MANAGEMENT POLICY 47 12 FINANCIAL STATEMENTS AND PERFORMANCE STATEMENT FOR YEAR ENDED

30 JUNE 2016 54 13. FINANCE REPORT 1 JULY 2015 TO 30 JUNE 2016 59 14 NEIGHBOURHOOD SAFER PLACES 64 15 REVIEW OF THE S6 INSTRUMENT OF DELEGATION AND S11 INSTRUMENT AND

APPOINTMENT AND AUTHORISATION. 66 CHIEF EXECUTIVE OFFICER 68 16 MURRAY BASIN RAIL PROJECT 68 COUNCILLOR REPORTS AND GENERAL BUSINESS 69 CONFIDENTIAL ITEMS 70 17 CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC 70 18 POOL MANAGEMENT 71 19 COMPLAINT 74 20 RE-OPENING OF MEETING TO PUBLIC 77 21 CLOSE OF MEETING 77


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ITEMS FOR NOTING

ASSETS AND DEVELOPMENT SERVICES 1. REGULATORY SERVICES UPDATE

Author: Manager Regulatory Services File No: 66/02/02 08/02/02 50/24/02 Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is to update Council on activities, project and compliance issues in Regulatory Services during July 2016. This report includes three parts:

- Part A: Planning - Part B: Building - Part C: Environmental Health

PART A: PLANNING ACTIVITY The planning activity statistics for August 2016 are summarized in the table below:-

Month Applications received Applications determined

August 2016 10 17 The following chart identifies the total number and phase of permit applications within Council’s planning system including applications received in July 2016, and where in the planning system each application sits:

5

5

6

2

Further Information 5

Referred and/orAdvertising 5

Ready to Issue 6

Ready to Assess 2

Planning Permit Applications Status


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KEY PROJECTS Council has been continuing to work through a number of complex planning applications. On 8 August 2016, Council received confirmation from the Minister for Planning that he would call-in and determine the application for a quarry (extractive industry) that is associated with the proposed Stockyard Hill wind farm. Before confirmation of this decision, Council commenced its assessment of the application. Information from Council’s preliminary assessment of the application has subsequently been provided to DELWP, and Council has subsequently worked with the DELWP to determine public notice requirements. It is anticipated that the Minister will place the quarry application on exhibition shortly, along with applications to amend the initial permit for the Stockyard Hill wind farm and remove application for vegetation removal in order to accommodate power line construction. Council will receive formal notice of the applications’ exhibition period and can make a submission to the Minister for Planning. STRATEGIC ISSUES Council presented to an independent planning panel hearing on Amendment C42 during August. Amendment C42 relates to the rezoning of a 6.7ha site to cater for future expansion of Avoca’s industrial estate. The Panel’s report and its findings are considered in a separate report in this agenda for Council’s consideration. Council continues to work with DELWP towards finalising a policy-neutral rewrite of the Pyrenees Planning Scheme’s Municipal Strategic Statement (MSS), known as Amendment C41. This amendment will result in a streamlined MSS that is easier to read and work with, and sets a strong foundation for a broader, detailed review of Council’s planning policies. Council also received confirmation that Amendment C39 has received approval from the Minister for Planning. Amendment C39 introduces some exemptions from planning permit requirements for properties in the heritage overlay, and makes minor updates to the listed details of some properties. The changes to planning policy made by Amendment C39 were brought into effect on 1 September 2016. During August, Council also received advice from the Victorian Government of a review of Bushfire Management Overlay (BMO) mapping across Victoria. This is likely to extend coverage of the BMO to new areas of the Pyrenees Shire. Council will be providing feedback to DELWP on the revised mapping during September.


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COMPLIANCE A Planning Compliance Committee has been formed and will regularly review and take action on compliance matters. A number of matters relating to unsightly land and amenity issues are being investigated at present. These are concentrated in areas of the Shire zoned for farming and rural living. OTHER MATTERS

• Council is continuing to work with a number of applicants on large scale and time-intensive projects.

• An application was recently received for a winery/cellar door in Shays Flat. • Council has placed on notice an application to use farming zoned land south of Beaufort as

an outdoor recreation facility. • Council continues to work proactively with the owners of a large homestead who are

seeking planning approval to use their property for events and accommodation.

COUNCIL PLAN / LEGISLATIVE COMPLIANCE • Council Plan 2013-2017 • Planning and Environment Act 1987 • Pyrenees Planning Scheme

PLANNING SUMMARY 1. Council is performing above the state regional council average for days taken to determine

planning applications. The Council Plan target for 2015/2016 is for 90% of permits to be determined within statutory time limits.

2. The trend of Council receiving more planning applications per month when compared with 2015 is continuing. Council is also receiving a number of increasingly complex planning applications.

3. Council is directing available planning resources towards significant planning policy reform projects.

PART B: BUILDING

ACTIVITY The building activity statistics for August 2016 are summarised in the table below:

CATEGORY

NUMBER

COMMENT

Permits issued by Council

9 Total value $372,091.00

Permits issued by private Building Surveyor

19 Total value $2,458,144.00


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New applications made to Council

6

Total value $1,344,965.00

In process

23 These applications (inclusive of new August applications) are pending receipt of further information requested from the applicants to achieve a NCC compliant application for full assessment by the Municipal Building Surveyor.

The following graph represents monthly building activity (applications received by and issued by Council) over the last 12 months.

KEY PROJECTS & COMPLIANCE ISSUES

Structure Fires We have seen three structure fires during August. Two were house fires in the Redbank area, each destroying a home. The two house fires have also had asbestos contamination issues to deal with. There was also a shed fire locally in Warburton Street Beaufort, which involved the total loss of the building.

The building department is working closely with each of the owners & executors of these properties in relation to clearing the sites and offering assistance and advice.

0

2

4

6

8

10

12

Pyrenees Shire CouncilPermit applications received

Pyrenees Shire CouncilPermits issued


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High Street Avoca A Building Order for minor works has been issued for the demolition of the verandah and a registered demolition practitioner. Demolition works will be completed in the coming months. Landsborough Toilet Block A Building Permit for construction of public toilet amenities at Burke Street, Landsborough, has been issued. This project forms part of Council’s Living Landsborough project. Avoca Railway Station A Building Permit has been issued by a private building surveyor for the refurbishment of the Avoca railway station, which is part of a rejuvenation and reuse project. Works are costed at $353,329.00

COUNCIL PLAN / LEGISLATIVE REQUIREMENTS

• Council Plan 2013-2017 • Building Act 1993

FINANCIAL / RISK IMPLICATIONS

The Municipal Building Surveyor must have regard to any relevant guidelines under the Building Act 1993 or subordinate regulations. The building services department must ensure that a responsive service is provided that meets the demand of the building industry within the municipality. BUILDING SUMMARY In August 2016 Council received six applications and issued nine permits. August has been an increasingly busy month for the Building Department. There has been an increase in the number of permits issued and many enquiries received in relation to proposed new building works.

There has been an increase in work required due to the 3 structure fires as each event requires an inspection by the MBS, contact with owners, insurers and the issue of Orders/Notices and follow up for site clearance.

As expected, there has also been an increase in requests for building inspections. Currently building inspections are being taken up to two weeks in advance as we only have a contractor one day a week to attend inspections.

Work continues on following-up lapsed permits, expired building permits, inspections, telephone and counter enquiries, as well as investigations into illegal buildings. A contract building inspector has been engaged to advance outstanding compliance issues and begin work on the unfinished building permits and illegal works.


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PART C: ENVIRONMENTAL HEALTH ACTIVITY: WASTEWATER

Wastewater activity statistics for August 2016 are summarised in the tables below:

Period

Applications to Install New or Alter Existing Septic Tanks Received

Permits to Install Issued

Fees Paid

1st – 31st August 2016 7 9 $2845.00

The following graph represents monthly wastewater activity (applications received, permits to install and permits to use issued) over the last 12 months (September 2015 to August 2016).

The below table shows inspection data from all inspections conducted by the Environmental Health Officer in August 2016.

Period Septic Tank Inspections

1st – 31st August 2016 3

0

1

2

3

4

5

6

7

8

9

10

Sep

2015

Oct

201

5

Nov

201

5

Dec

2015

Jan

2016

Feb

2016

Mar

201

6

Apr 2

016

May

201

6

Jun

2016

Jul 2

016

Aug

2016

Permit ApplicationsReceived

Permit To Install Issued

Permit to Use Issued


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11 Domestic Wastewater Service Agent’s Reports were also received in August for the mandatory servicing of existing septic tank systems within the shire. Two of these service reports pertain to servicing completed in the month of August 2016. The remaining nine are service reports for inspections that were conducted between 1st March and 31st July 2016 that were only received and recorded by Council in August 2016. ACTIVITY: FOOD & HEALTH PREMISES Food Act and Public Health and Wellbeing Act Premises Registration activity statistics for August 2016 are summarised in the table below:

Period

New Premises Registered /Upgraded

Routine Inspections Conducted

Complaints Received

Food Recalls Applicable

Registration / Renewal / Transfer Fees Paid

01-Aug-2016 to 31-Aug-2016 1 7 0 1 $290.00

Temporary Food Premises in the Shire (Streatrader) As at 31st August 2016, Pyrenees Shire had 39 premises registered and 60 low risk notifications. Each business must submit a Statement of Trade (SOT) whenever they wish to operate. This is processed by the municipality in which they wish to trade. These include one new mobile food vendor selling hot corn kernels with a range of butter based toppings. ACTIVITY: IMMUNISATIONS Immunisation activity statistics for August 2016 are summarised in the tables below: Number of clients immunised:

Period Infant to Preschool

Primary /Secondary School

Adult

1st – 31st August 2016 21 0 7

Number of Vaccinations administered:

Period Infant to Preschool Secondary School Adult

1st – 31st August 2016 41 0 7


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KEY PROJECTS • Environmental Health Service Review by Kernow. • Inspection of existing wastewater treatment systems as required by the Domestic Wastewater

Management Plan (DWMP). • A report on the DWMP will be prepared in early 2017 with a view to presenting some proposed

changes to Council, based on the initial observations.

COMPLIANCE ISSUES A small number of registered food premises continue to be worked with to ensure compliance with their registrations. Current non-compliance issues with these premises are in regard to not keeping regular temperature records, ongoing cleaning issues and not having an accredited food safety supervisor.

COUNCIL PLAN / LEGISLATIVE REQUIREMENTS • Council Plan 2013-2017 • Domestic Wastewater Management Plan 2015-2018 • Food Act 1984 • Public Health & Wellbeing Act 2008 • Environment Protection Act 1970 • Code of Practice for Septic Tanks

FINANCIAL / RISK IMPLICATIONS The Environmental Health Officer (EHO) must work with regard to various legislative requirements with respect to Food Safety (Food Act 1984), Public Health (Public Health & Wellbeing Act 2008, Environment Protection Act 1970) and Wastewater (Environment Protection Act 1970, Domestic Wastewater Management Plan, Code of Practice for Septic Tanks).

COUNCIL PLAN / LEGISLATIVE REQUIREMENTS It is necessary for the EHO to adapt to any changes in regulations whilst still providing a service that both meets the demands of residents within the municipality and complies with legislation. ENVIRONMENTAL HEALTH SUMMARY

1. Council’s multi-faceted environmental health program continues to provide a variety of work and challenges. In addition to the activities recorded above, one planning permit referral was responded to in August 2016.

2. There remains an ongoing problem with the Australian Immunisation Register. The administrative and technical matter is affecting parenting payments for many people in the community. The matter has been brought to the attention of the relevant authorities.


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CORPORATE AND COMMUNITY SERVICES

2. CUSTOMER ACTION REQUESTS – JULY 2016 Evan King, Director Corporate and Community Services File No: 16/08/04 Declaration of Interest: As author of this report I have no disclosable interest in this item

PURPOSE The purpose of this report is to update Council on our Customer Action Request System (CARS) for the month of August 2016. BACKGROUND Council has operated an electronic Customer Action Service Request system (CARS) for a number of years enabling residents to lodge service requests. Requests can be lodged in person, via telephone, via Council’s website or by using a smartphone “Snap Send Solve” application. Since December 2012, CARS has been promoted on a regular basis in Council’s Public Notices published in the Pyrenees Advocate. Predominantly, service requests have been for maintenance issues – potholes, road condition, drainage, signage, slashing and overhanging branches. Council receives between 400 and 700 service requests per annum. ISSUE / DISCUSSION This month we have seen a 26% decrease in total outstanding CARS. This is made up of:

• 100% decrease in outstanding 2013 CARS (we now have zero 2013 outstanding CARS) • 60% decrease in outstanding 2015 CARS (we now have only 4 2015 outstanding

CARS) • 21% decrease in outstanding 2016 CARS (we now have 58 2016 outstanding CARS)

A continued focus on improving the CARS process and reducing the outstanding CARS balance has resulted in a significant improvement in outstanding CARS.

Total Outstanding Cars Requests

Year Aug-15

Sep-15

Oct-15

Nov-15

Dec-15

Jan-16

Feb-16

Mar-16

Apr-16

May-16

Jun-16

Jul-16

Aug-16

% Change

2013 4 4 2 2 2 2 2 2 2 2 1 1 0 100%

2015 108 67 70 104 107 103 96 61 51 22 13 10 4 -

60%

2016

43 60 77 80 55 61 73 58 -

21%

Total 112 71 72 106 109 148 158 140 133 79 75 84 62 -

26% Total Received 52 40 45 50 28 62 62 61 46 56 78 97 78

-20%


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COUNCIL PLAN / LEGISLATIVE COMPLIANCE Strategic Objective 1 - Leadership 1.1 - Communicate the Council's decisions, policies and activities and the reasons behind them, in a form relevant to ratepayer needs and expectations in accordance to Council's communication strategy. ATTACHMENTS 2.1 CARS Analysis – August 2016 FINANCIAL / RISK IMPLICATIONS There are no financial implications associated with this report CONCLUSION There has been continued improvement demonstrated in resolution, inspection and acknowledgement of customer requests. Further focus and effort is required to reduce the level of outstanding requests. Council To Note This Report

020406080

100120140160180

Num

ber o

f Req

uest

s

Aug-15

Sep-15

Oct-15

Nov-15

Dec-15

Jan-16

Feb-16

Mar-16

Apr-16

May-16

Jun-16 Jul-16 Aug-

16Outstanding CARS 112 71 72 106 109 148 158 140 133 79 75 84 62CARS Received 52 40 45 50 28 62 62 61 46 56 78 97 78

Outstanding Customer Requests

19th September 2016 – PYRENEES SHIRE COUNCIL – ORDINARY MEETING OF COUNCIL AGENDA – ATTACHMENT 2.1

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3. AUDIT COMMITTEE MINUTES Director Corporate & Community Services File No: 32/04/04 Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is to provide Council with an update of the Audit Committee meeting held on the 23rd August 2016.

BACKGROUND In accordance with Section 139 of the Local Government Act 1989, Council is required to establish an audit committee. The Committee meets three times a year and the attached report is an update of the meeting held on the 26 August 2014.

Section 139 of the Local Government Act requires the following:

1. A Council must establish an audit committee. 2. An audit committee is an advisory committee. 3. An audit committee must be constituted in the prescribed manner. 4. An audit committee has the functions and responsibilities prescribed for the purposes of this

section. 5. (4A) Section 76D and 79 apply to all members of an audit committee as if they were

members of a special committee of the Council. 6. The Minister may make guidelines for the purpose of this section. 7. Guidelines made under subsection (5) must be published in the Government Gazette. 8. A Council may pay a fee to a member of an audit committee who is not a Councillors or

member of Council staff.

ISSUE / DISCUSSION A brief overview of the issues considered by the audit committee is now provided for Councils Information.

1. The Committee approved two Councillors and the Chief Executive Officer to sign the draft Financial Statements and Performance Statement. 2. The Committee authorised Paul Brumby to make non-material changes to the Financial Statements and Performance Statement and authorised the Committee Chair to make material changes. 3. Internal Audit Report was presented on the Review of Building Services 4. The Outstanding Issues Register was presented and Council’s Internal Auditor provided an update on progress made. 5. A draft Treasury Management Policy was presented. 6. The Ombudsman report on Misuse of Council Resources was presented along with a draft policy on Private Works. 7. VicRoads Agency Services Agreement Compliance Review outcomes. 8. Creditor Scam Fraud Risk update. 9. Local Government Act Review – Directions Paper. 10. Annual Performance Assessment of the Audit Committee. 11. Governance and Risk Update. 12. Compliance Update. 13. CEO report.


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COUNCIL PLAN / LEGISLATIVE COMPLIANCE Objective: We will provide community leadership and advocacy to ensure

financially sustainability and improve the economic, social and environmental wellbeing of the Pyrenees Shire.

Strategy: Communicate the Council’s decisions, policies and activities and the reasons behind them, in a form relevant to ratepayer needs and expectations in accordance to Council’s Communication Strategy.

ATTACHMENTS 3.1 Minutes of the Audit Committee Meeting23rd August 2016 – circulated separately to this report.

FINANCIAL / RISK IMPLICATIONS All financial issues have been addressed in the Issue/Discussion section.

CONCLUSION In accordance with the Local Government Act 1989 the Pyrenees Shire Audit Committee met on the 23rd August 2016. This report summarises the items considered by the Committee.

Council to note this report

19th September 2016 – PYRENEES SHIRE COUNCIL – ORDINARY MEETING OF COUNCIL AGENDA – COUNCILLOR ACTIVITY REPORTS

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4. COUNCILLOR ACTIVITY REPORTS

Cr Ron Eason – Avoca Ward

Month - August

Date Activity Location

01/08/2016 AGM Sticky Beaks Avoca

03/08/2016 AGM Senior Citizens Avoca

05/08/2016 AGM Food Bank Avoca

09/08/2016 Briefing Beaufort

16/08/2016 Council Beaufort

22/08/2016 Pyrenees Rush Car Rally Avoca

23/08/2016 Pyrenees Rush Avoca

25/08/2016 Moonambel Unsealed Roads Moonambel

29/08/2016 Amphitheatre Unsealed Roads Amphitheatre

Cr David Clark – Ercildoune Ward

04/08/16 Lexton Recreational Reserve Development Beaufort

MAV Metropolitan Councils Forum Melbourne

05/08/16 MAV Board meeting Melbourne

08/08/16 MAV Audit Committee Melbourne

Stand For Council Forum Beaufort

09/08/16 Councillor briefing, Beaufort

11/08/16 MAV Rural and Regional Forum Melbourne

15/08/16 Local Government Act Review, Melbourne

Highlands LLEN Committee meeting, Ballarat

16/08/16 Council Meeting Beaufort

17/08/16 CVGA workshop Beaufort

23/08/16 Pyrenees Shire Audit Committee Beaufort

25/08/16 Gravel roads consultation, Raglan

29/08/16 Gravel roads consultation Amphitheatre

30/08/16 Gravel roads consultation Waubra

31/08/16 Multicultural Conference Dandenong

19th September 2016 – PYRENEES SHIRE COUNCIL – ORDINARY MEETING OF COUNCIL AGENDA – ASSEMBLY OF COUNCILLORS

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5. ASSEMBLY OF COUNCILLORS Meeting Information

Meeting Name / Type

Councillor Briefing

Meeting Date 9th August 2016 commenced 2.00pm and closed 5.20pm Matters Discussed

1. General Business

1.1 Regional Partnerships 1.2 Municipal Wellbeing and Public Health Plan 2017-2021 1.3 CVGA Membership and Achievements 1.4 Victorian Aboriginal Local Government Action Plan 1.5 Unsealed Roads Consultation Program 1.6 Local Government Act Review

2. Agenda Review

Attendees Councillors Mayor Cr Michael O’Connor

Cr Ron Eason Cr David Clark from 3.23pm

Apologies Cr Robert Vance Cr Tanya Kehoe

Staff Mr Jim Nolan – Chief Executive Officer Mr Evan King – Director Corporate and Community Services Mr Douglas Gowans – Director Asset and Development Services

Visitors N/A Conflict of Interest Disclosures

Matter No: Councillor

making disclosure

Particulars of disclosure Councillor left meeting

Nil

19th September 2016 – PYRENEES SHIRE COUNCIL – ORDINARY MEETING OF COUNCIL AGENDA – ASSEMBLY OF COUNCILLORS

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Meeting Information Meeting Name / Type

Councillor Briefing

Meeting Date 16th August 2016 commenced 3.00pm and closed 5.55pm Presentations Matters Discussed Business

1. Beaufort Policing

2. Audit Committee

3. Planning Amendment 4. Agenda Review

Attendees

Councillors Mayor Cr Michael O’Connor Cr Robert Vance Cr Ron Eason Cr Tanya Kehoe left the meeting at 5.16pm and returned at 5.39pm Cr David Clark from 3.22pm

Apologies Nil

Staff Mr Jim Nolan – Chief Executive Officer Mr Evan King – Director Corporate and Community Services Mr Douglas Gowans – Director Asset and Development Mr Shannon Meadows – Manager Regulatory Services – Item 3

Visitors Sgt Paul Martin – Beaufort Police - Item 1

Geoff Price - Audit Committee Chair – Item 2

Conflict of Interest Disclosures

Matter No: Councillor

making disclosure

Particulars of disclosure Councillor left meeting

N/A

RECOMMENDATION

That items 1 to 5 be noted.

19th September 2016 – PYRENEES SHIRE COUNCIL – ORDINARY MEETING OF COUNCIL AGENDA – ITEMS FOR REPORT

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REPORTS FOR DECISION

ECONOMIC DEVELOPMENT AND TOURISM

6 ECONOMIC DEVELOPMENT UPDATE Manager Economic development and Tourism File No: 22/02/02 Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is to update council on Economic Development and Tourism activities currently being undertaken. BACKGROUND The Economic Development and Tourism unit have recently been working on the following activities and initiatives:- Economic Development:-

• Straw Pellet Plant Feasibility Study • Beaufort RV free camp site

Tourism:-

• George Derrick Pyrenees Rush Car Rally • Official Visitor Guide • Tourism web site upgrade • Tourism Industry network events with Ballarat Regional Tourism membership drive

Straw Pellet Plant Feasibility Study A consortium of farmers from south and west of Beaufort have approached council to assist with development of a feasibility study for construction of a local straw pellet manufacturing plant. The intent of the project is to provide an option for farmers to value add to straw from cereal crop stubble rather than burn stubble paddocks in the autumn. The feasibility study will examine markets for livestock feed pellets and pellets that can either be used to produce bio-energy or sold to the intensive animal sector for bedding. The estimated cost of the feasibility study project is $85,000- not including project management costs. A Food Source Victoria Grant of $60,000- is being applied for by council from the Victorian State Government on behalf of local farmers and partners to the project who are committing funds as follows:- Farmers consortium $15,000- Cultivate Agribusiness $ 2,000- City of Ballarat $ 5,000- Pyrenees Shire Council $ 3,000- Total Cash $25,000-


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Pyrenees Shire will be the lead agency for the project and in kind contributions for project management are estimated at $5,000-.

Desktop investigations indicate a pellet manufacturing plant is anticipated to cost around $3M to establish and will create fifteen new jobs to operate the plant. Remplan data suggests that the flow on effects of the construction works will generate direct and indirect output of $6M and 13 jobs, while annual operations will generate $4.7M in output and a total of 21 jobs.

The project aligns to Councils Growth Strategy priorities including:-

Strategy No 3, “Participate in Regional Industry Development to grow the agriculture sector.” Strategy No 7, “Leverage opportunities for growth in the renewable energy sector.”

Beaufort RV free camp site Council endorsed a motion in November 2015 that Beaufort becomes an RV friendly town with a trial site to be established at 10 Audas Lane, a location which also accommodates the Beaufort Apex and Croquet Clubs. A report to council in September 2015 estimated costs of establishing Beaufort as an RV Friendly Town of up to $30,000- to establish a site including installation of an RV Dump Point. Some expenditure will be required to establish the proposed site as an overnight RV free camp at Audas Lane prior to commencement the trial. The expenditure will include works as follows:-

• Installation of appropriate signage specific to exclusive RV vehicle use and removal of rubbish; i.e. the site will not accommodate tents, vans and sleeping in cars for camping

• Tree planting along the northern boundary to screen the site • Fencing to delineate the RV portion of the site • Internal road formation and drainage

An application for a planning permit has been lodged with councils Planning Department and consultation is currently being undertaken with the Beaufort Apex and Croquet Clubs. George Derrick Pyrenees Rush Car Rally The Pyrenees Rush Car Rally was held in Avoca and Amphitheatre again on the weekend of 27 & 28 August 2016. The cars were displayed at the Avoca Market and the organisers advise a healthy crowd attended the event with around 100 vehicles and over 200 people at the spectator points, while the Avoca business community benefited from additional trade due to the event. Council’s involvement included support from the Events Officer, grading of roads and use of the Avoca Visitor Centre as Rally Headquarters from Friday until Sunday.


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Official Visitor Guide Council’s tourism strategy Action 28 stipulates that council “Continues to produce a shire-wide visitor guide” to assist promote the region to visitors. A new edition Visitor Guide has been developed in recent months and new stocks distributed to Visitor Centres and Tourism Operators to motivate people to visit the area and to support visitors with local information while in the region. Tourism web site upgrade Following the recent release of the new visitor guides a project is now under way to review council’s tourism web site, www.visitpyrenees.vic.gov.au a project that is expected to continue until mid-year 2017. This is to improve the look of the site, ensure ease of navigation of the site by visitors, and to allow staff enhanced access to easily edit and update details on the site. Tourism industry network events with Ballarat Regional Tourism There has been a focus on establishing new tourism operator members of Ballarat Regional Tourism following council’s new agreement which commenced 1 July. This included the ability of Pyrenees tourism operators to access free membership until 1 January 2017. Networking events held at Avoca and Beaufort on 2 August were well attended and attracted over 50 local tourism stakeholders in total. The benefits of local businesses taking out memberships include:-

• Listing on the BRT and Visit Victoria web sites • Access to professional development opportunities • Invitations to networking events • Member only portal for resources • Access to cooperative marketing opportunities • Ability to display brochures at Ballarat Visitor Information Centre • Participate in the booking and ticketing service • Access to staff, volunteer and visiting journalist famil tour program • Advocacy

There are now approximately thirty four members representing around thirty nine percent of tourism businesses on council’s tourism operator database. The more membership listings on the BRT web site the better the outcomes will be for local towns across the Shire. The more members that are visible on the BRT web site the greater the illustration there will be of things to do and see such as events, activities, accommodation options, and food and wine outlets to motivate people to visit the region. In this regard communication activities are continuing to be acted on by the Tourism Unit with the aim of engaging more tourism operators in BRT memberships.

http://www.visitpyrenees.vic.gov.au/


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COUNCIL PLAN / LEGISLATIVE COMPLIANCE Commerce Councils Growth Strategy 2015/18 and Pyrenees Shire Tourism Strategy 2016-19 ATTACHMENTS Nil FINANCIAL / RISK IMPLICATIONS Straw Pellet Plant Feasibility Study Council is committing $3,000- towards the Straw Pellet Plant Feasibility Project as well as in kind support estimated at $5,000-. Beaufort RV free camp site Costs of up to $30,000 are likely to develop the Audas Lane site as outlined in this report and, subject to a successful trial prior to establishing a free RV Dump Point in Beaufort, the item will be referred to Council’s midyear budget review for consideration. CONCLUSION That council support the Straw Pellet Plant Feasibility Study and note the contents of this report. OFFICER RECOMMENDATION That Council:-

1. Endorses the application for the Straw Pellet Plant Feasibility Study and 2. Notes the updates of other activities outlined in this report.


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7 RESOURCE CENTRE REVIEW CRC & Library Services Coordinator and Manager for ED&T File No: 62/20/02 Declaration of Interest: As author of this report I have no disclosable interest in this item. PURPOSE The purpose of this report is to update Council on the implementation of changes to operating hours at the community resource centres at Avoca and Beaufort. BACKGROUND Council determined at the June Council meeting to reduce the operating hours of the Avoca and Beaufort Resource Centres from 56 per week to 41 per week. The purpose of the review was to:-

1. Assist Council to identify budget savings. 2. To enable Council to more efficiently apply its resources while continuing to provide a service

that best meets the needs of customers. 3. To enable Council to redeploy resources from reactive to proactive duties that encourage

increased visitation to the area, and which are identified in the Pyrenees Shire Tourism Strategy 2016-19.

The motion passed by Council was to the effect that:-

1. That the operating hours of the Avoca and Beaufort Resource Centres be as set out in Option 5 of the Options Paper attached to this report, nominally:

Monday - Friday 10am to 5pm Saturday and Sunday 10am to 1pm

2. That the operating hours for public holidays be the same as for Saturdays and Sundays except

on Christmas Day, Boxing Day and Good Friday when centres may be closed, or otherwise as provided for in 3 below.

3. That the operating hours for weekends and public holidays be extended / altered from time to

time having regard to events, climate conditions such as heatwave, or other activities which generate an anticipated change in the demand for services.

4. That implementation of the above arrangements takes effect from 5 September 2016 thereby

allowing sufficient time for notification to the community and for transition arrangements.

5. That Council gives further consideration of any implementation issues or opportunities at the September Council meeting.

6. That door counts at both centres continue to be monitored and

7. That a report be provided to Council in approximately one year from the commencement of the revised operating arrangements providing observations about the implementation.


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An implementation plan was developed to carry out the transition to reduced hours and has included the following actions:-

1 Communication with staff which included examination of the optimum nominal hours for each centre. These have now been determined as:- • Avoca; Monday to Friday 9.30 to 4.30 and 11- till 2- at weekends and on Public

Holidays (unless otherwise determined due to increased demand etc. on public holidays).

• Beaufort; Monday to Friday 10.00 till 5.00 and 10- till 1- at weekends and on Public Holidays (unless otherwise determined due to demand etc. due to increased demand etc. on public holidays).

2 Communication with stakeholders via:- • Newspaper articles. • Public notices in local newspapers. • One page information sheets handed to customers by Resource Centre staff. • Details on councils web site and Facebook pages. • Information in Council’s July edition of the community newsletter.

3 Investigation of technology to provide information which is currently being undertaken and

entails:- • Examination of touchscreen technology. Further information is provided later in this

report. • Capitalising on the roll out of free Wi-Fi in Avoca and Beaufort via the resource

centres, and exploring an option for free Wi-Fi at Moonambel. • An update of the www.visitpyrenees.com.au tourism web site. This was identified as an

action in the tourism strategy and is currently being actioned. Further to the review of the operating hours at the Avoca and Beaufort centres and related to the available staff hours, statistics are currently being investigated with mobile library outreach service to the smaller towns to examine the benefits of continuing a weekly service to each location. A detailed council report on mobile library operations is proposed in November 2016. ISSUE / DISCUSSION While the transition to new operating hours has now been implemented, further investigations are currently being undertaken to capitalise on measures that will support efficient, consistent and effective communication to customers and in particular visitors to the region when the resource centres are closed. Technology The technology options and influences under consideration include:-

1. Touchscreen technology. 2. Optimising access to free Wi-Fi. 3. Rollout of NBN networks. 4. Updating the tourism web site visitpyrenees.com.au to better inform visitors prior to and during

their journeys.

http://www.visitpyrenees.com.au/


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Touchscreen technology Tourism Touchscreens have been available from Datatrax since April 1994 and are now available in New Zealand, France and throughout Australia with thirty locations in Victoria. These include visitor centres at Daylesford, Ararat, Stawell, Halls Gap and Horsham with Sovereign Hill and the Bell Tower Motel in Ballarat also having Touchscreens. The screens can be set up with touchpads in windows and operate 24/7, every day of the year. Local businesses are required to pay for a listing on the touchscreens which would be in addition to any tourism membership they may have with a regional tourism board or organisation. This includes an initial production cost of $395- and quarterly fees of $395- or $1,580- annually. The screens cost the host organisation $595- to set up with the host required to enter into a three year agreement and commit to quarterly costs of $745- per screen. The total cost to council therefore for screens at Avoca and Beaufort would be $19,070- over a minimum term of three years. The advantages of the touchscreens are that:-

• They are available at all times • Provide consistent and accurate information • Assuming a high level of local business uptake will illustrate what is available in the region

and encourage visitors to spend more time and money at their destination.

The disadvantages are:- • There is an added cost to local tourism operators who may therefore decide not to list on the

Touchscreen • The number of people relying on mobile devices to access information continues to grow with

an estimated 8.7 million adults having mobile devices. With free Wi-Fi being rolled out by Council at Avoca and Beaufort and with upgrades to the tourism web site and digital platforms, information will become more accessible through these means. Further consideration is being given to providing free Wi-Fi at Moonambel to expand connectivity there.

• Visitor Statistics for council’s information centres run at around 6,000- people per annum at each centre. Annual costs for a Touchscreen of $2,980- for each centre add around $0.50c to each customer being served assuming that:-

o The number of visitors to the resource centres remains constant and that they all use the Touchscreen

o Out of hours clients do not increase the overall numbers and o Three hour weekend shifts at Resource Centres does not reduce the number of people

coming to access information • Free Wi-Fi and the NBN rollout providing greater access to information using mobile devices

without having to call at the resource centres. Touchscreens therefore, do not appear to be a viable technological option. Optimising access to free Wi-Fi Free Wi-Fi is being rolled out by council in Avoca and Beaufort which will allow visitors to enjoy improved access to data, including the www.visitpyrenees.com.au web site and other digital tourism platforms (refer below for further details).

http://www.visitpyrenees.com.au/


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Consideration is also being given to establish free Wi-Fi access at Moonambel. This is consistent with action 21 in the Pyrenees Tourism Strategy 2016-19 which states that council will “Improve internet access across the shire.” NBN network rollout The rollout of fibre to the node NBN infrastructure is scheduled for Avoca and Beaufort for the second half of 2017 which will improve access to digital platforms. This, combined with upgrades to the tourism web site and improved access to other digital platforms, will enable council to provide a low cost means of disseminating information to clients at a time and place that suits them. Updating the tourism web site Councils Tourism Strategy action 27 states that council will “Upgrade the shire’s tourism web site.” A project to revise Council’s tourism web site is currently being undertaken to improve the look of the site and the way clients are able to access their information to support the reduced resource centre operating hours. Two options being considered which will allow customers to link to Council’s tourism web sites from the resource centres. These are:-

a) Purchase of televisions and display of a rolling loop of images with a call to action to the tourism web site or;

b) Provide a screen with a touchpad that allows direct access to details on the tourism web site. With either option a) or b) the device would be installed inside the resource centre involving a one off cost to council and no additional cost to tourism operators. Further investigation is being undertaken on these options at the time of developing this report. Mobile Visitor Services at Large Events The option of providing a mobile visitor service is being considered as a means of engaging with people who are attending larger events in the area so as to encourage further visitation and to consider the Pyrenees as a place to live, work or invest. Attending events (where crowds are upwards of 1,000 people) will enable council staff to interact with event patrons such as at:-

• Rainbow Serpent Festival • Avoca Cup and ANZAC day races • Lake Goldsmith Steam Rallies • Pyrenees Unearthed Avoca Wine Festival • Moonambel Fireworks

Operational costs and logistics require further investigation at the time of this report.


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Static Brochure Displays at Resource Centres and Local Stores A static brochure stand has been established at Avoca for out of hours’ collection of Pyrenees Visitor Guides by visitors who call outside of operating times. Likewise supplies of the new edition of visitor guides have been distributed to local cafes and tourism operators in both towns. COUNCIL PLAN / LEGISLATIVE COMPLIANCE

1. Council’s Mission statement

• Work with others to provide services to maintain the wellbeing of the community, and

2. Pyrenees Shire Council’s Growth Strategy 2015-2018 Objective 1: Attract new residents, visitors and investment We will develop the local economy and increase the population of the Pyrenees Shire Strategy 1: Promote the benefits and opportunities in the Pyrenees Shire to attract new residents, visitors and investment 1.2 Identify future needs with respect to required promotion and how these may be addressed in a cost effective manner including the use of social media and other digital platforms

ATTACHMENTS Nil FINANCIAL / RISK IMPLICATIONS The savings by reducing resource centre hours from 56 to 41 has been estimated in the Options Paper provided with the June council report at $65,303-. This is after allowing for redeployment of resources to deliver actions identified in councils Tourism Strategy some of which is outlined in this report. While allowances for free Wi-Fi in Avoca and Beaufort have been made in Council’s 2016-17 IT budgets, costings for Moonambel have not yet been established. A sum of $10,000- has been earmarked from Council’s 2016-17 Promotions Budget to undertake an upgrade to the tourism web site. There may be a once off investment required in technology to draw the attention of visitors to the tourism web site, or alternatively allow direct access to it at the resource centres as outlined in this report. While these options have not been costed at the time of developing this agenda item, it is expected that this expenditure will not exceed $10,000-.


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CONCLUSION Further information is to be provided in a detailed report to Council regarding mobile library service delivery, to assess whether it is appropriate to make changes to community service levels and a detailed report can be provided to the November Council meeting. Investigations into television or screen options for the resource centres will be finalised prior to the end of the year. OFFICER RECOMMENDATION

That Council: 1 Notes the current actions to transition the centres from 56 to 41 hours per week and; 2 Endorses further investigation of mobile library service delivery with a further report to council

at its November meeting.


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ASSET AND DEVELOPMENT SERVICES - PLANNING 8 AMENDMENT C42

M. Novacevski – Statutory Planner File No: 66/20/48 Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is to recommend that Council adopts Amendment C42 to the Pyrenees Planning Scheme. BACKGROUND Amendment C42 to the Pyrenees Planning Scheme seeks to rezone land in Avoca identified in previous planning studies for industrial expansion. The 2012 Review of the Avoca Structure Plan identified 6.7 hectares of land at Lot 1 TP224714W formally known as Part CA 14, Section J, Parish of Glenmona, immediately east of the existing industrial estate, as suitable for industrial use (refer Attachment A – Planning Scheme Amendment map). In 2015, Council formally resolved to seek authorisation from the Minister for Planning to prepare an Amendment to the Pyrenees Planning Scheme to rezone the land from Farming Zone to Industrial 1 Zone. After receiving authorisation, Council exhibited the Amendment from 28 April 2016 until 6 June 2016 (refer Attachment B – Explanatory Report). During this period, two submissions were received. On 21 June 2016, Council resolved to request the Minister for Planning to appoint an independent planning panel to hear the submissions. The panel subsequently heard submissions from one objector and Council in Avoca on 17 August 2016. The submissions and the panel process have informed Council’s future approach to developing the site. The planning panel has produced a report (refer Attachment C – planning panel report) that has recommended Council proceed with the amendment. ISSUE / DISCUSSION Amendment C42 to the Pyrenees Planning Scheme seeks to rezone 6.7 hectares of land immediately east of the existing industrial estate for industrial use. This responds to various planning studies that have identified the need to provide more industrial land in Avoca, and the rapid sale of industrial lots in Avoca. The 2012 Review of the Avoca Structure Plan identified that supply must be maintained in order to promote and co-ordinate further industrial and employment-based development in the town. In response to the ongoing demand for industrial land in Avoca, the 2012 review recommended approximately 6.7 hectares of Farming Zoned land at Lot 1 TP224714W formally known as Part CA 14, Section J, Parish of Glenmona, immediately and east of the existing industrial estate, as suitable for industrial use.


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Subject to a planning permit for subdivision, the land has the potential capacity to create between 18 and 25 lots of varying sizes, satisfying demand in the short to medium term.

Following the panel hearing on 17 August 2016, Council has received a panel report supporting the rezoning of the land. The report noted the rezoning was an appropriate response to the constrained supply of industrial land in the shire.

The panel report also suggested that Council considers a future planning scheme amendment to introduce policies that would improve urban design and landscaping around future industrial development. Such an approach would provide a means for Council to support a higher standard of industrial development. Council can further investigate and address this issue as part of its future strategic planning work.

It is recommended that Council adopts Amendment C42 and forwards the amendment to the Minister for final approval. Should Council resolve to adopt the amendment, it must be forwarded to the Minister within 10 days.

ATTACHMENTS 8.1 C42 Planning Scheme Map 8.2 Amendment C42 Explanatory Report – circulated separately to this report 8.3 Planning panel report – circulated separately to this report COUNCIL PLAN / LEGISLATIVE COMPLIANCE This Amendment supports the strategic objectives of the Council Plan 2013-2017, including:

• Strategy 4.1 - Commerce - Work with government and key stakeholders to implement the priority initiatives in the Economic Growth Strategy.

• Strategy 4.2 - Commerce - Provide adequate industrial land to facilitate the development of new businesses and the enhancement of existing businesses.

• Strategy 4.2 – Commerce also includes an initiative to ‘continue to explore opportunities for the take up of industrial land in Beaufort and Avoca’.

• Strategy 5.4 - Environment - Ensure appropriate land use planning for public, private and community facilities.

The Amendment also aligns with the Pyrenees Shire Growth Strategy 2015-2018 which includes support for the development of industrial land in Avoca to stimulate investment, support the agricultural sector and create jobs. Should Council resolve to adopt Amendment C42, the amendment and all documentation must be forwarded to the Minister within ten days of this Council meeting, under the Planning and Environment Act 1987.

FINANCIAL / RISK IMPLICATIONS The costs of the Amendment, including the exhibition and independent panel hearings, has been funded in the 2015/2016 and 2016/17 planning budget. CONCLUSION Amendment C42 will facilitate further supply of employment land in Avoca. Council has received an independent planning panel report supporting Amendment C42. It is therefore recommended that Council adopts the amendment.


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OFFICER RECOMMENDATION:

That Council formally resolves to:

a) Receive the independent planning panel report into Amendment C42. b) Adopt Amendment C42 to the Pyrenees Planning Scheme c) Forward Amendment C42 to the Minister for Planning for final approval d) Consider urban design and landscaping in industrial areas as part of future strategic planning work.


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19th September 2016 – PYRENEES SHIRE COUNCIL – ORDINARY MEETING OF COUNCIL AGENDA – REPORT FOR DECISION

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ASSET AND DEVELOPMENT SERVICES 9 PRIVATE WORKS POLICY

Douglas Gowans, Director Assets and Development Services File No: 16/20/02 Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is for Council to adopt the Private Works Policy. BACKGROUND The Victorian Ombudsman recently published a report on the misuse of Council resources. The purpose of the report was to draw attention to the types of abuses of power that have occurred from time to time in local government, and are the subject of numerous complaints and protected disclosures investigated by the Ombudsman. The case studies presented in the Ombudsman’s Report cover outer metropolitan, metropolitan and regional councils, and are intended to illustrate the issues with governance, monitoring and culture that Councils can face.

ISSUE / DISCUSSION In response to the report an internal working party was set up to review the processes and practices associated with private works and hiring of plant and equipment. The working party recommended that a Private Works Policy be developed to ensure a consistent and transparent approach to undertaking any private works.

The draft Private Works Policy was presented to Council’s Internal Audit Committee on Tuesday 23 August 2016, the Audit Committee resolved to adopt the draft Private Works Policy.

COUNCIL PLAN / LEGISLATIVE COMPLIANCE Strategic Objective 1 - Leadership 1.1- Manage risk effectively at all levels within the organisation. ATTACHMENTS

9.1 Private Works Policy 9.2 Ombudsman Report

FINANCIAL / RISK IMPLICATIONS The implementation of this policy will reduce any financial risks that would otherwise have been present without the policy guidance. CONCLUSION A sound Private Works policy provides a clear position to the community on what constitutes private works and how it will be administered. The adoption of the policy clearly articulates a transparent set of standards that the community can have confidence in.


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OFFICER RECOMMENDATION

That Council adopts the Private Works Policy.


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DATE AMENDED: July 2016 DATE OF NEXT REVIEW: August 2017 DATE APPROVED: August 2016 RESPONSIBLE OFFICER: Director Assets and Development Services REFERENCES:

Best Value Principles

Pyrenees Shire Council has the responsibility to provide its ratepayers with best value, with all services provided by Council meeting the expectations in terms of quality and cost. In providing this, all services need to be accessible, responsive to the needs of the community, considerate of the natural environment and subject to continuous improvement. To achieve the best over life outcome for Council’s expenditures, which meets quality and service expectations, there will be periodic review of services against best on offer in both the public and private sectors. All Council staff members are responsible for supporting best value principles in their normal day to day actions to ensure services are recognised by the community as delivering best value. Signed JIM NOLAN Chief Executive Officer

OPERATIONAL POLICY

Policy Name: Private Works Policy No:


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Introduction This Policy has been prepared to provide guidelines for private works and covers all of Council’s Private Works activities. Scope This policy applies to all private works undertaken by Council on behalf of an external applicant including the supply of labour, materials, plant and services. All Council officials are responsible for ensuring compliance with this policy, related legislation and procedures. Purpose Council may from time to time, undertake repairs, maintenance and construction works on private infrastructure in certain circumstances on a fee-for-service basis. Policy Private works is any works and/or services undertaken as a fee for service on or associated with privately owned property or infrastructure not owned by Council, including but not limited to:

• Extension to or additional kerb crossovers • Grading of rural driveways • Maintenance of private parking areas including sweeping • Works to public infrastructure on behalf of private developers

Council agrees to undertake private works and services provided human resources and machinery are available and are subject to the supervisor / manager determining that it will not impact on delivery of core Council services. Council’s first priority for the use of its own plant, equipment, labour and other resources is to be given to Council’s own scheduled works program (including capital and maintenance activities) at all times. The type of private works undertaken is to be limited to work consistent with ordinary activities. Plant engaged in private works will only be operated by approved Council employees. Council will not hire plant without a council employee to operate. Plant will not be hired by Council employees for personal benefit. Council reserves the right to refuse private works, if it is deemed to be outside of its scope of works, timeliness, resource availability or for any other reason deemed to be unachievable by Council. Where the works are not on private property, the hirer should have adequate public liability insurance to cover the activities of the hired plant and evidence of that insurance should be presented to Council.


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Council’s objectives in undertaking private work are to:

• Provide additional revenue streams, • Make effective use of existing resource/plant with spare capacity, • Increase staff potential and expertise, • Address service deficiencies in the market, and • Improve inter-government relations.

The works manager, or an officer with delegated authority to approve private work, shall consider the following aspects in determining whether to bid for private work:

• The principles of Competitive Neutrality, • Conflict of interest by staff involved in the bid process, • Impact on core business, i.e. degree to which resources need to be re-organised to

accommodate the private work, • Financial return to Council, and • Community benefit derived from the work.

Community service obligations will be carried out for actual costs plus overheads and on costs. Plant hire rates and plant available for hire will be in accordance with the Plant Hire Rates detailed in Council’s Fees and Charges. Pricing will include an overhead component, return on investment, return to Council and other margin allowances as applicable to ensure competitive neutrality with external providers. Charge out rates for plant, equipment and labour:

• Include direct costs (plant rates, sundries + oncost), • Include 15% additional to direct costs to cover corporate and other depot related

expenses, • Include 30% minimum profit to ensure no supplemented advantages compared to

market competitors. This should apply to private individuals / companies / government agencies, and

• Profit may be waived for community organisations and not for profit organisations. A quote for the Private Works shall be provided to the applicant. The quote shall be deemed to be accepted once signed by the applicant and returned to Council. The quotation for private works will include all plant, material and labour necessary to complete the works. All quotes and documentation is to be recorded in Council’s record management system. Review This policy is to be reviewed by the Director of Assets and Development Services annually.


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10 GRAVEL ROADS Director Asset and Development File No: 58/08/02 Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is to provide Council a summary of the issues raised and results of online surveys following the five gravel roads consultation sessions in August 2016. This report recommends that the collated feedback be presented to Council for the development of the new Council Plan following council elections. The information will also be used to prepare a gravel roads strategy. BACKGROUND During August 2016 five consultation sessions were held in relation to gravel roads. The purpose of these sessions was to obtain a view from the community on how council delivers its gravel road maintenance, and to explain to the community some of the constraints on council in relation to gravel roads maintenance. The following consultation sessions were held:

• Wednesday 24 August 2016 – Raglan Hall, 9 community members attended • Thursday 25 August 2016 – Moonambel Pavilion, 21 community members attended • Monday 29 August 2016 – Amphitheatre Community Centre, 13 community

members attended • Tuesday 30 August 2016 – Waubra Community Hub, 4 community members attended • Wednesday 31 August 2016 – Snake Valley Hall, 19 community members attended

ISSUE / DISCUSSION The following questions were presented to the community members during the presentation at the consultation session:

• Are there gravel road works that you would like to see more of? • Are there roads that you consider that should be moved from their current category to

a higher or lower category? • Are there any roads that are only used by one or two ratepayers that could be returned

to private roads? eg. fenced and gated. • Could you identify any ways Council could undertake gravel road maintenance work

in a more efficient manner? • Would you be prepared to pay an additional amount in rates for the next 4 years to

improve the maintenance condition of the shire’s gravel roads? These questions were reflected in the online surveys. Attendees participated in a group activity which allowed them to make notes on locality maps raising areas of concern; from this data 106 concerns were noted. The common issues raised included a higher frequency and standard of grading maintenance, greater drainage and vegetation maintenance, consideration for changes in categorisation of roads, and potential of upgrading some gravel roads to sealed roads. Attendees were given the opportunity to provide feedback directly at the sessions and via a survey. The survey was available at the sessions as well as at customer service centres in


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Beaufort and Avoca, on council’s website, and on council’s facebook page. The survey was due to close on 16 September 2016. At the time of writing this report, 32 survey responses had been received with the following feedback provided:

• 74% of respondents are not satisfied with current gravel road maintenance. • 43% of respondents believe that maintaining high use gravel roads more frequently

than lower use gravel roads is an acceptable management practice. • 76% of respondents think council does not spend enough money on gravel roads • 65% of respondents think council should spend more to grade road all year round to

improve response times to customer action requests. • 30% of respondents would be willing to pay more rates to help cover the cost of

unsealed road grading. • 89% of respondents would like to see more grading • 44% of respondents would like to see more maintenance and upgrading of culverts • 41% of respondents would like to see more trimming of trees.

During the consultation sessions attendees were encouraged to submit customer actions requests if they had any particular issues they would like addressed. At the time of writing this report, 13 Customer Action Requests had been submitted as a result of the consultation sessions. COUNCIL PLAN / LEGISLATIVE COMPLIANCE Strategic Objective 3 - Roads 3.1 – Maintain and enhance the road network in line with the Road Asset Management Plan level of service. ATTACHMENTS 10.1 Map notes 10.2 Group notes 10.3 Survey summary – circulated separately to this report FINANCIAL / RISK IMPLICATIONS Council currently spends $9.9m of its $20m budget on road renewal and maintenance. The combined gravel road maintenance and renewal currently utilises approximately $1.5m of the total road spend. Council is currently constrained in its total budget pool to provide additional financial resources to gravel road, notwithstanding the ability for Council to reprioritise other expenditure to this important asset class. CONCLUSION The community have clearly stated that they desire a higher level of service for gravel roads and in order to address this, greater expenditure would need to be committed.


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OFFICER RECOMMENDATION That Council:

1. reviews its gravel roads strategic and maintenance priorities as part of the Council Plan review

2. utilises the feedback from the recent community consultations to assist in

development of a Gravel Roads Strategy.


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19th September 2016 – PYRENEES SHIRE COUNCIL – ORDINARY MEETING OF COUNCIL AGENDA – REPORTS FOR DECISION

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CORPORATE AND COMMUNITY SERVICES

11 TREASURY MANAGEMENT POLICY Evan King, Director Corporate and Community Services File No: 16/20/02 Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is for Council to consider adopting the Treasury Management Policy BACKGROUND Treasury Management in a local government context is the process of managing the financial assets and debt obligations of Council.

This policy guides Council in the management of surplus cash and the use of loans as a source of financing.

ISSUE / DISCUSSION The objective of this policy is to ensure that Council makes treasury management decisions that maximise the net interest income of Council, and ensure that Council funds are invested in accordance with the Local Government Act. Section 136 (1) of the Local Government Act 1989 (the Act) states that: “A Council must implement the principles of sound financial management.” Section 143 of the Act sets out what investment products that a Council can invest money in. The Banking Act 1959 defines “Approved Deposit Taking Institutions”.

Council’s treasury management policy is that it:

• Recognises that debt does not allow Council to acquire things that it cannot otherwise afford, it merely allows Council to bring forward the timing of expenditure.

• Utilises surplus cash to repay all debt at the first available opportunity. • Aims to maintain a debt-free status except in very exceptional circumstances. • Only borrows when it is faced with a cash flow deficiency. • Only borrows when all other financing options have been exhausted. • Only borrows to finance capital expenditure. • Only borrows to finance projects that produce a cash return, or projects that are so

expensive that they cannot be financed from income in a single year. • Utilises borrowing facilities that allow surplus cash to be offset against the debt, thus

keeping net interest expense to a minimum. • Repays any future borrowings expediently, preferably in the year following the raising of

the debt. • Invests surplus cash in at call accounts or term deposits with Australian banks. • Maintains an investment register.


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The Audit Committee reviewed the Treasury Management Policy at its August 23 meeting and resolved to recommend that Council adopt the policy.

COUNCIL PLAN / LEGISLATIVE COMPLIANCE Strategic Objective 1 - Leadership 1.1- Manage risk effectively at all levels within the organisation. ATTACHMENTS 11.1 Draft Treasury Management Policy FINANCIAL / RISK IMPLICATIONS The adoption of the Treasury Management Policy will provide guidance to officers in managing financial assets and debt. CONCLUSION The Treasury Management Policy will guide future treasury management activities of Council. OFFICER RECOMMENDATION That Council adopts the Treasury Management Policy – September 2016 and places it on the website.


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DATE OF NEXT REVIEW: September 2020 DATE ADOPTED: September 2016 RESPONSIBLE OFFICER: Manager Finance


Pyrenees Shire Council has the responsibility to provide its ratepayers with best value, with all services provided by Council meeting the expectations in terms of quality and cost. In providing this, all services need to be accessible, responsive to the needs of the community, considerate of the natural environment and subject to continuous improvement. To achieve the best over life outcome for Council’s expenditures, which meets quality and service expectations, there will be periodic review of services against best on offer in both the public and private sectors. All Council staff members are responsible for supporting best value principles in their normal day to day actions to ensure services are recognised by the community as delivering best value.

Signed JIM NOLAN Chief Executive Officer

Council Policy

Policy Name: Treasury Management Policy


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Introduction Treasury Management in a local government context is the process of managing the financial assets and debt obligations of Council. Purpose This policy guides Council in the management of surplus cash and the use of loans as a source of financing. Objective This objective of this policy is to ensure that Council makes treasury management decisions that maximise the net interest income of Council and ensure that Council funds are invested in accordance with the Local Government Act. Definitions Debt – obligation to repay money owed under a loan agreement Financing – how Council provides the money to pay for something Loan – money borrowed from a lending institution Income – revenue streams owned and controlled by Council Surplus Cash – cash above the level required to meet the day-to-day financial obligations of Council. Legislative direction Section 136 (1) of the Local Government Act 1989 (the Act) states that: “A Council must implement the principles of sound financial management.”

Section 143 of the Act sets out what investment products that a Council can invest money in.

The Banking Act 1959 defines “Approved Deposit Taking Institutions”. Guiding principles 1. The nature of debt

Debt is a financing option, not an income option.

Raising debt does not produce income. Additional debt does not allow a Council to acquire things that it could not otherwise afford. Debt merely allows Council to bring forward the timing of expenditure.

In instances where the interest rate paid on the debt is higher than the price inflation of the capital expenditure item that is being financed by that debt, where Council raises debt to finance capital expenditure the aggregate level of Council’s capital expenditure over time will be reduced by using debt financing. This is because the interest paid on the debt will consume a portion of the income that Council has available to finance capital expenditure.


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2. Sound cash management

The banking business model dictates that at any point in time the interest rate charged by a bank to loan borrowers is always higher than the interest rate paid to depositors who invest cash with that bank.

Notwithstanding there will be some instances of where the fixed interest rate on a loan taken out several years ago is lower than the current term deposit investment interest rate with the same bank. At such time Council would be making a profit on the borrowed money that it currently has invested. However, that this situation is possible is not a sound reason for Council to engage in speculation on the change in long-term interest rates over time.

Given the banking business model, it is poor business for Council to hold high levels of invested surplus cash whilst simultaneously holding loan borrowing debt. This is because Council is essentially investing money that it has borrowed from the bank, and the interest rate on the debt will in the majority of cases be higher than the interest rate on the term deposit. In this situation Council has a net interest expense on the amount borrowed which could be avoided if Council paid out the debt with its surplus cash. The following table indicates that at every point during the past seven years Council has had more surplus cash invested that loan borrowings. It is absolutely certain that the net interest received by Council during this period would have been higher had Council not had any loan borrowings at all. This lost revenue represents income that Council could have invested in additional works and services.

In the majority of situations Council’s best investment option for surplus cash will be the reduction or elimination of debt.


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3. Future loan raising

Given that debt financing only brings forward the timing of expenditure, under what circumstances would it make sense to borrow money? • Council will only borrow when it is faced with a cash flow deficiency. • Council will only borrow when all other financing options have been exhausted. • Borrowing to finance a project that is so large that it cannot be financed from income in a

single year. Loan borrowing could be used as a last resort to spread the cost of such a project over two or more years.

• Borrowing to finance expenditure that produces a cash return is one instance of a possible use of debt financing. (The development of residential or industrial land for resale is an example of expenditure that generates a cash return at a later date.) However, borrowing for such a purpose will only be used as a last resort in order to address a cash flow timing mismatch.

Given that debt does not allow Council to purchase additional things, rather it merely changes the timing of the purchase; under what circumstances would it not make sense for Council to borrow money? • Borrowing when Council has surplus cash invested is not prudent, for the reasons

outlined earlier. • Borrowing to finance operating expenditure. At this point Council’s problem is that it is

spending beyond the level of income that it generates, which is totally unsustainable. Borrowing in these circumstances will only exacerbate the situation and delay the addressing of the underlying problem.

• Borrowing to finance road infrastructure renewal, because this is recurrent capital expenditure. Council must invest in the renewal of its road infrastructure each and every year. If Council is unable to invest in this renewal expenditure at the long-term level required then it has a sustainability problem not an investment timing problem. Borrowing in these circumstances will only exacerbate the situation and delay the addressing of the underlying problem.

4. Types of loans

Council has traditionally raised loans over medium terms (three to seven years). At many points during the extended life of such a loan Council will have surplus cash to invest. In this instance Council will essentially be investing the borrowed money at a negative net interest rate which is not a prudent business decision. It is something akin to a private person simultaneously having a low interest rate term deposit investment and a high interest rate credit card debt. In the instances where Council needs to borrow because of a cash flow deficiency, first preference will be given to using a short-term loan facility such as a line of credit or an overdraft, rather than a fixed term loan. This will allow Council to utilise any surplus cash to offset the debt. By doing this Council’s interest rate on invested surplus cash is effectively the interest rate on the debt. 5. Investment Products

Section 143 of the Act sets out what investment products Council can invest money in.


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Notwithstanding the broad range of investment products available to it under the Act, Council will only invest surplus cash in at call accounts or term deposits with Australian banks that are Approved Deposit Taking Institutions, as defined in the Banking Act 1959. 6. Investment Principles When making an investment decision Council will take into account the following factors: Cash flow Term of investment Investment interest rates Credit rating of the bank that Council is investing with 7. Investment Register The Assistant Accountant will maintain an Investment Register which contains complete details of each investment transaction and will be reconciled to Council’s general ledger at the end of each month. Treasury Management Policy Council’s treasury management policy is that it: • Recognises that debt does not allow Council to acquire things that it cannot otherwise

afford, it merely allows Council to bring forward the timing of expenditure. • Utilises surplus cash to repay all debt at the first available opportunity. • Aims to maintain a debt-free status except in very exceptional circumstances. • Only borrows when it is faced with a cash flow deficiency. • Only borrows when all other financing options have been exhausted. • Only borrows to finance capital expenditure. • Only borrows to finance projects that produce a cash return, or projects that are so

expensive that they cannot be financed from income in a single year. • Utilises borrowing facilities that allow surplus cash to be offset against the debt, thus

keeping net interest expense to a minimum. • Repays any future borrowings expediently, preferably in the year following the raising of

the debt. • Invests surplus cash in at call accounts or term deposits with Australian banks. • Maintains an investment register.

Implementation The Manager Finance shall act and make recommendations to Council consistent with this policy. Review This policy shall be reviewed in four years from the date of adoption.


54

12 FINANCIAL STATEMENTS AND PERFORMANCE STATEMENT FOR YEAR ENDED 30 JUNE 2016

Director Corporate & Community Services File No: 32/04/04

Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is for Council to give in principle approval to the Financial Statements and Performance Statement for the year ended 30 June 2016.

BACKGROUND Council currently has Crowe Horwath as its external auditor under subcontract by the Victorian Auditor General’s Office. Crowe Horwath conducted the external audit on the 2015/16 Financial Statements during the period 22 - 26 August 2016. The audited draft Financial Statements and Performance Statements for the year ended 30 June 2016 were tabled at the Pyrenees Shire Council Audit Advisory Committee meeting on Tuesday 23rd August 2016. The Committee has recommended that Council sign the statements in their final form. The audited financial statements must be submitted to the Minister within 3 months of the end of the financial year (30 September 2016). The Financial Reporting process includes presenting the statements to the Audit Advisory Committee, the Committee making a recommendation to Council, Council approving the statements “in principle” with the understanding that the Auditor General’s Office may still require changes to be made. This process is required to be completed prior to 30 September 2016. Meeting this timeline ensures the audited financial statements can be included in the 2015/16 Annual Report.

ISSUE / DISCUSSION Operating Result

Council achieved an operating deficit of $1.9 million in 2015/16 compared with a $0.5 million surplus for 2014/15. However, it should be noted that Council received an advance of half of our Federal Assistance Grants for 2015/16 funding in June 2015. Despite this advance relating to the 2015/16 financial year, the accounting standards required that these funds be included as income for the 2014/15 financial year. Without this advance Council would have reported a $2.0 million deficit in 2014/15 and a $0.6 million surplus in 2015/16.

Whilst the nominal operating result has fluctuated wildly over the past seven years, it is interesting to note that the aggregate operating result for this period is a deficit of $0.4 million, which indicates that Council is in a sustainable operating position.


55

Cash holdings Cash holdings at the end of the financial year are $5.2 million. This figure includes $1.5 million funds required for capital works carried forward from 2015/16 which will be undertaken in 2016/17. Council’s aim is to continue to retain moderate levels of cash. This will provide Council with the flexibility to respond to future opportunities or unexpected events. These may include the potential to strategically acquire an asset or to respond to natural disasters such as flood or fire events.

Sustainable Capital Expenditure

Council aims to ensure that its assets are maintained in a condition that allows them to continue to deliver the services needed by the community at a standard that is acceptable to users. During 2015/16, Council spent a total of $6.0 million on capital expenditure across the shire, including $3.9 million on renewing existing assets.

-10

-5

0

5

10

2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16$mill

ions

Operating Surplus/(Deficit)

0

5

10

15

20

25

2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

$mill

ions

Cash Balance


56

Council’s 2015/16 capital expenditure continued to address the challenge of renewing its assets. It is anticipated that in future, capital expenditure will be maintained at a realistic level with a high degree of dependence on funding from government grants. Asset renewal is measured as capital expenditure relative to asset depreciation. Council continues to face a significant challenge to fund the renewal of critical long-lived community infrastructure in the longer term.

Meeting the continual renewal of Council’s vast asset base remains an ongoing challenge for all Councils.

02468

1012

2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

$mill

ions

Capital Works

0%

20%

40%

60%

80%

100%

2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

rene

wal

dem

and

met

Asset Renewal

0

100

200

300

2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

$mill

ions

Net Assets


57

Financial Sustainability Council is committed to repaying all of its outstanding debt, and will make the final payment in September 2016. Currently interest on borrowings and debt redemption consumes around $0.5 million per annum. Once Council becomes debt free the funds used to pay interest and redeem debt can then be allocated to other Council priorities which then strengthens Council’s financial sustainability in the medium term.

Council is mindful that the cost of rates is borne by ratepayers. The average rates and waste charges per assessment has grown at an average compound rate of 5.58 per cent over the past six years, notwithstanding that approximately 0.7 per cent of this annual increase is generated from new buildings. Council is working towards lowering this level of annual rate increase in order to reduce the impact on ratepayers, and the State Government’s “Fair Go Rates” rate capping system will act to reduce the annual rate rises from 2016/17 onwards.

Council has many current and future demands on funding, highlighting the need for strong, long-term planning and the targeted allocation of resources. This is achieved through the preparation and annual review process of the Council Plan which is supported by Council’s Strategic Resource Plan. Ultimately, these documents are guided by longer-term visions and plans including the Long Term Financial Plan, which projects Council’s financial direction for the next ten years. This enables Council to identify and analyse trends of significance and provide for sound financial planning and decision-making.

00.5

11.5

22.5

3

2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

$mill

ions

Loan Balances

0

500

1,000

1,500

2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

$ pe

r ass

essm

ent

Rates and Waste Charges per Assessment


58

The continued revision and refinement of the Long Term Financial Plan enables longer-term conversations with the community and, this makes possible long-term goals that assist in creating engaged and vibrant communities. This financial snapshot for the 2015/16 financial year gives a brief overview of Council’s financial performance and significant factors that impacted on Council’s financial resources used to support the achievement of long-term community service and asset management objectives. A more detailed analysis of Council’s financial performance for 2015/16 can be found in the annual financial report which is attached to this report.

COUNCIL PLAN / LEGISLATIVE COMPLIANCE Pursuant to Section 132 of the Local Government Act 1989, Council is required to give “in principle” approval of the 2015/16 Financial Statements and Performance Statement.

ATTACHMENTS 12.1 Draft Financial Statements for the period ending 30 June 2016- circulated separately

12.2 Draft Performance Statement for the period ending 30 June 2016 – circulated separately

FINANCIAL / RISK IMPLICATIONS Financial implications of this report are covered within the financial statements

CONCLUSION In accordance with Section 132 of the Local Government Act 1989, Council is required to give “in principle” approval of the 2015/16 Financial Statements and Performance Statement.


That Council:

pursuant to Section 132 of the Local Government Act 1989, gives in principle approval to the Financial Statements and Performance Statement in their final form after any changes recommended or agreed to by the auditors have been made for the year ended 30 June 2016.


59

13. FINANCE REPORT 1 JULY 2015 TO 30 JUNE 2016 Director Corporate and Community Services File No: 32/08/28 Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is to update Council on the operating and capital performance for the 2015/16 financial year and confirm the carry forwards for the 2016/17 financial year.

BACKGROUND Council at its Meeting on 21st June 2016 adopted the budget for the 2016/17 financial year. The budget was adopted based on projected completion of projects and capital works as at 30 June 2016. This report compares Council’s actual result for 2015/16 with the forecasts allowed for in the 2016/17 budget document.

ISSUE / DISCUSSION In summary, Council’s closing working capital position as at 30 June 2016 after allowing for expenditure and income that has to be carried over until the 2016/17 year is a surplus of $638,000. The surplus occurs as a result of a number of variations in the operating and capital expenditure areas.

A detailed finance report comparing expenses and revenue is attached to this report. The report also includes a summary by cost centre and detailed capital expenditure report.

Variance Analysis (note that any apparent adding errors should be due to rounding)

Operating Strategic Objectives Below is a summary of operating income and expenditure for the year ended 30 June 2016 by Strategic Objective.

1 – Leadership YTD Actual $’000

Forecast $’000

Variance $’000

Carryover $’000

Income (9,253) (9,236) (17) (42)

Less: Expenditure 3,346 3,316 30 45

Net (5,908) (5,921) 13 3

• Income was higher than forecast by $17k due to higher than forecast interest income. • Expenditure was higher than forecast by $30k due to minor miscellaneous variations. • Income carry forwards of $42k relate to the adjustment of the 2016/17 Financial

Assistance Grant. • Expenditure carry forwards of $45k relate to internal audit, records project and

property management expenses.


60

2 – Community YTD Actual $’000

Forecast $’000

Variance $’000

Carryover $’000

Income (1,507) (1,440) (67) (30)

Expenditure 2,990 3,336 (346) 370

Net 1,483 1,896 (413) 340

• Income was higher than forecast by $67k due to higher than forecast HACC minor capital grants and accounting for Goldfields Recreation Reserve and Swimming Pool income.

• Expenditure was lower than forecast by $346k due to lower than expected expenditure in HACC Coordination, Delivered Meals, Recreation Strategy and Snake Valley Sewerage Scheme costs.

• Income carry forwards of $30k relates to the Avoca pool and hall project. • Expenditure carry forward of $370k relates to Snake Valley Sewerage Scheme,

Swimming Pool Maintenance, HACC, Youth and the Recreation Strategy.

3 – Roads YTD Actual $’000

Forecast $’000

Variance $’000

Carryover $’000

Income (1,015) (1,075) 60 21

Expenditure 9,401 9,862 (461) 102

Net 8,386 8,787 (401) 123

• Income was lower than forecast by $60k due to the lower than forecast natural

disaster reimbursements and private works income. • Expenditure was lower than forecast by $461k due to sealed and unsealed road

maintenance, roadside management, footpath and shared walkway maintenance, plant operating recovery and depreciation.

• Income carry forwards of $21k relate to the adjustment of the 2016/17 Financial Assistance Grant.

• Expenditure carry forwards of $102k relate to unspent roadside tree trimming, footpath and shared walkway and aerial imaging.

4 – Commerce YTD Actual $’000

Forecast $’000

Variance $’000

Carryover $’000

Income (273) (230) (43) 0

Less: Expenditure 1,186 1,266 (80) 19

Net 913 1,036 (123) 19


61

• Income was higher than forecast by $43k due to higher than forecast Beaufort Caravan Income.

• Expenditure was lower than forecast by $80k due to savings made on the Avoca Industrial Estate gas connection and under spend at the resource centres.

• Expenditure carry forward of $19k relates to the CAP projects and marketing.

5 – Environment YTD Actual $’000

Forecast $’000

Variance $’000

Carryover $’000

Income (1,449) (1,448) (1) 0

Expenditure 1,944 2,247 (303) 222

Net 495 799 (304) 222

• Expenditure was lower than forecast by $303k due to under spend in strategic planning, emergency planning and waste management.

• Expenditure carry forward of $222k relates to the strategic planning and emergency planning.

Total – Operating Result YTD Actual $’000

Forecast $’000

Variance $’000

Carryover $’000

Income (13,497) (13,430) (67) (31)

Expenditure 18,866 20,026 (1,160) 738

Net 5,369 6,596 (1,227) 707

The year-end operating result has $707,000 of carryover adjustments. The reasons for these are outlined above.

Capital Works & Major Projects Below is a summary of capital works expenditures for 2015-2016. Total capital works expenditure in some instances was lower than the forecast as a result of the timing of land purchases and non-receipt of government funding. The carryovers are indicated in the column on the right.

Capital Works YTD Actual $’000

Forecast $’000

Variance $’000

Carryover $’000

Council Roads 1,660 1,730 (70) 56

Roads to Recovery Exp 2,733 2,823 (90) 55

Roads to Recovery Inc (2,788) (2,823) (35) (55)


62

Black Spot Exp 501 508 (7) 7

Black Spot Inc (508) (508) 0 0

Land 203 816 (613) 558

Land Improvements (155) 155 (310) 310

Recreation 15 24 (9) 3

Buildings 33 355 (322) 322

Furniture & Equipment 92 145 (53) 20

Plant Purchases 407 665 (258) 298

Total Expenditure 6,501 9,026 2,217

Total Income (4,308) (5,136) (643)

Net Capital Expenditure 2,193 3,890 1,574

Overall Working Capital Position

Working Capital Result YTD Actual $’000 Forecast $’000

Opening Balance – General 4,721 4,721

Operating Result (5,369) (6,596)

Capital Result (2,193) (3,890)

Add Back Depreciation 6,548 6,599

Less Snake Valley Sewerage Debtors

(12) (12)

Less Loan Redemption (778) (778)

Add Back Bad & Doubtful Debts

2 2

Closing Working Capital Result

2,918 46

Less Carryover – Operating (707)

Less Carryover – Capital (1,574)

Surplus 638 46

At the end of the year, after allowing for carried forward adjustments, Council had a working capital surplus of $638,000.


63

COUNCIL PLAN / LEGISLATIVE COMPLIANCE Under Section 138 of the Local Government Act 1989, at least quarterly a report comparing expenses and revenue to budget must be presented to the Council.

ATTACHMENTS 13.1 Finance Report 1 July 2015 to 30 June 2016 – circulated separately to this report.

FINANCIAL / RISK IMPLICATIONS Financial Implications associated with this report have been covered in Issue/Discussion.

CONCLUSION Council’s closing working capital position, after allowing for projects to be carried forward is $638,000. The surplus occurs largely as a result of a number of variations in the operating and capital areas.

It is considered appropriate that any decision on any budget alterations to allocate the additional funds be deferred until Council’s mid-year budget review. By this time Council will have a clearer picture of how the 2016/17 financial year is unfolding.


That Council:

1. Receive the End of Year Finance Report for the period 1 July 2015 to 30 June 2016.

2. Adopts the 30th June 2016 carryover adjustments to the 2016/17 Budget as detailed in the above report.


64

14 NEIGHBOURHOOD SAFER PLACES Manager Governance & Risk File No: 28/08/10 Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is for Council to consider the designation of Neighbourhood Safer Places for the 2016/17 fire season. BACKGROUND A Neighbourhood Safer Place (NSP) is a space that:

• is a place of last resort for individuals to access and shelter in during a fire event affecting their neighbourhood - without the need to take a high risk journey beyond their neighbourhood;

• eliminates direct exposure to flames from a fire front and management of radiant heat to survivable levels; and

• should only be accessed when personal bushfire survival plans (for individual properties) cannot be implemented or have failed.

A NSP does not guarantee the survival of those who assemble there. Under section 50J of the Country Fire Authority Act (1958), a municipal council must, by 31st August in each year, conduct a review of each designated NSP in its municipal district to determine if it is still suitable to be designated a NSP. In conducting the annual review, Council must ask the Country Fire Authority (CFA) to assess each NSP in accordance with the CFA Assessment Guidelines. ISSUE / DISCUSSION Council currently has 9 designated NSP’s in the following locations:

1. Lexton – Toll Bar Park 2. Waubra – Recreation Reserve 3. Beaufort – Wotherspoon Park 4. Snake Valley – St Brigid’s Church Reserve 5. Avoca – Medium Strip, High Street (between Russell & Cambridge Streets) 6. Moonambel – Recreation Reserve 7. Natte Yallock – Recreation Reserve 8. Redbank – Recreation Reserve 9. Landsborough – Recreation Reserve

All were assessed by the CFA in July 2016 as being compliant in accordance with CFA Assessment Guidelines. COUNCIL PLAN / LEGISLATIVE COMPLIANCE Strategic Objective 1 - Leadership 1.1 - Communicate the Council's decisions, policies and activities and the reasons behind them, in a form relevant to ratepayer needs and expectations in accordance to Council's communication strategy.


65

ATTACHMENTS Nil FINANCIAL / RISK IMPLICATIONS Council has an annual budget for the maintenance of the designated NSP’s. OFFICERS RECOMMENDATION

That Council; 1. notes the review of Pyrenees Shire Council’s Neighbourhood Safer Places by the

Country Fire Authority; 2. designates nine Neighbourhood Safer Places for the 2016/17 fire season in the

following locations:

- Lexton – Toll Bar Park - Waubra – Recreation Reserve - Beaufort – Wotherspoon Park - Snake Valley – St Brigid’s Church Reserve - Avoca – Medium Strip, High Street (between Russell & Cambridge Streets) - Moonambel – Recreation Reserve - Natte Yallock – Recreation Reserve - Redbank – Recreation Reserve - Landsborough – Recreation Reserve


66

15 REVIEW OF THE S6 INSTRUMENT OF DELEGATION AND S11 INSTRUMENT AND APPOINTMENT AND AUTHORISATION. Manager Governance and Risk File No: 16/20/08 Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is for Council to consider a review of the S6 Instrument of Delegation from Council to Staff and the S11 Instrument of Appointment and Authorisation. BACKGROUND The Local Government Act (1989) (Section 98) requires Council to regularly review all delegations, appointments and authorisations that are in force or have been made by Council under this section. Council is advised by Maddocks Lawyers in preparation of Instruments of Delegation. Advice is received after each sitting of Parliament on the changes to legislation affecting local government. ISSUE / DISCUSSION S6 Instrument of Delegation from Council to Staff Maddocks Lawyers have advised of the following changes to the S6 Instrument of Delegation:

• the Planning and Environment (Fees) Interim Regulations 2015 have replaced the Planning and Environment Regulations (Fees) Interim Regulations 2014; and

• the Road Management (General) Regulations 2016 have replaced the Road Management (General) Regulations 2005, with minor amendments to council duties where it is the co-ordinating road authority.

The S6 Instrument of Delegation has been revised to reflect these changes. S11 Instrument and Appointment and Authorisation Maddocks Lawyers have advised of the following changes to the S11 Instrument of Appointment and Authorisation:

• Part B of the S11 Instrument now provides for the appointment of a Principal Conduct Officer, under s 81Y of the Local Government Act 1989. (The Director Corporate & Community Services has been appointed as the Principal Conduct Officer).

• Also, we have included the Land Act 1958 in Part A of the SII Instrument, for consistency, given that it is included in Part B of the Instrument.

The S11 Instrument of Appointment and Authorisation has been revised to reflect these changes and also updated to reflect officer titles and responsibilities.


67

COUNCIL PLAN / LEGISLATIVE COMPLIANCE Under Section 98 of the Local Government Act (1989) Council is required to regularly review all delegations, appointments and authorisations that are in force or have been made by Council. ATTACHMENTS 15.1 S6 Instrument of Delegation from Council to Staff – circulated separately to this report 15.2 S11 Instrument of Appointment and Authorisation – circulated separately to this report FINANCIAL / RISK IMPLICATIONS It is a requirement under the Local Government Act (1989) for Council to regularly review all delegations, appointments and authorisations that are in force or have been made by Council. CONCLUSION In order to legally allow staff other than the Chief Executive Officer to enforce provisions of legislation, Council must review its delegations at regular intervals throughout the year.

Amended delegations once approved by Council will remain in force until further reviews are conducted following ongoing legislation changes. OFFICER RECOMMENDATION

That Council:

In the exercise of the powers conferred by section 224 of the Local Government Act 1989 (the Act) and other legislation referred to in the attached S6 Instrument of Delegation and S11 Instrument of Appointment and Authorisation (the instruments), Pyrenees Shire Council (Council)

RESOLVES THAT -

• The members of Council staff referred to in the Instruments be appointed and

authorised as set out in the Instruments.

• The Instruments come into force immediately the common seal of Council is affixed to the Instruments, and remains in force until Council determines to vary or revoke it.

• Council affix the Common Seal to the Instruments.


68

CHIEF EXECUTIVE OFFICER 16 MURRAY BASIN RAIL PROJECT

Jim Nolan, Chief Executive Officer File No: 64/06/02 Declaration of Interest: As author of this report I have no disclosable interest in this item.

PURPOSE The purpose of this report is to inform Council about the Murray Basin Rail Project and to seek to provide input into the consultation to be undertaken by Public Transport Victoria. BACKGROUND State and Federal Governments have committed to deliver the Murray Basin Rail Project in stages. The project seeks to improve rail freight infrastructure and access to Victorian ports for freight. The Minister for Public Transport, Jacinta Allan, has recently announced the commencement of consultation for stage 2 of the project which involves the upgrade of the Maryborough-Ararat line. ISSUE / DISCUSSION Public Transport Victoria (PVT) intend to commence consultation with council’s and communities over coming months, and it is important that Council provides input into the process to ensure any issues identified are brought to the attention of PTV and to provide any technical input into matters relating to local roads and road rail crossings. COUNCIL PLAN / LEGISLATIVE COMPLIANCE Strategic Objective 4 - Commerce 4.1 – Work with government and key stakeholders to implement the priority initiatives in the Economic Growth Strategy. ATTACHMENTS - NIL FINANCIAL / RISK IMPLICATIONS There are no risks associated with Council participating in the PTV lead consultation having regard to the timing of the consultation and Council’s Election (Caretaker) Policy. CONCLUSION It is suggested that Council seek to have input into the consultation to be conducted by PTV on the Maryborough-Ararat rail upgrade project. OFFICER RECOMMENDATION

That Council seek to provide input into the state government initiated consultation on the Maryborough-Ararat rail upgrade project.

19th September 2016 – PYRENEES SHIRE COUNCIL – ORDINARY MEETING OF COUNCIL AGENDA – COUNCILLOR REPORTS

69

COUNCILLOR REPORTS AND GENERAL BUSINESS

19th September 2016 – PYRENEES SHIRE COUNCIL – ORDINARY MEETING OF COUNCIL AGENDA – CONFIDENTIAL REPORTS

70

CONFIDENTIAL ITEMS 17 CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC

That pursuant to the provisions of Section 89(2) of the Local Government Act 1989, the meeting be closed to the public in order to consider:

• Contractual matters; • Legal advice • Any other matter which the Council or special committee considers would prejudice

the Council or any person.

RECOMMENDATION

That the meeting be closed to members of the public under Section 89(2) of the Local Government Act 1989, to consider contractual, and legal matters specifically the following: - Pool Management - Complaint

Planning and Environment Act 1987

Panel Report

Pyrenees Planning Scheme Amendment C42

Avoca Industrial Rezoning

9 September 2016


Panel Report pursuant to Section 25 of the Act

Pyrenees Planning Scheme Amendment C42

Avoca Industrial Rezoning

9 September 2016

Chris Harty, Chair

Pyrenees Planning Scheme Amendment C42 Panel Report 9 September 2016

Contents Page

Executive Summary ............................................................................................................. 1

1 Introduction ................................................................................................................ 2 1.1 The Amendment ...................................................................................................... 2 1.2 Issues dealt with in this report ................................................................................ 4

2 Strategic planning context and justification ................................................................ 5 2.1 Policy framework ..................................................................................................... 5 2.2 Planning scheme provisions .................................................................................. 10 2.3 Other Strategic Policy ............................................................................................ 11 2.4 Ministerial Directions ............................................................................................ 12 2.5 Discussion and conclusion ..................................................................................... 12

3 Economic demand .................................................................................................... 13 3.1 The issue ................................................................................................................ 13 3.2 Submissions and evidence .................................................................................... 13 3.3 Discussion .............................................................................................................. 15 3.4 Conclusion ............................................................................................................. 16

4 Environmental and amenity impacts ......................................................................... 17 4.1 The issue ................................................................................................................ 17 4.2 Submissions ........................................................................................................... 17 4.3 Discussion .............................................................................................................. 19 4.4 Conclusion ............................................................................................................. 21

List of Figures Page

Figure 1: Location of the subject land. ................................................................................... 2


List of Abbreviations

BMO Bushfire Management Overlay

CFA Country Fire Authority

DDO1 Design and Development Overlay Schedule 1 ‐ Potentially Flood‐Prone Areas

DELWP Department of Environment, Land, Water and Planning

EPA Environment Protection Authority

FZ Farming Zone

GRZ General Residential Zone

IN1Z Industrial 1 Zone

LPPF Local Planning Policy Framework

MSS Municipal Strategic Statement

RLZ Rural Living Zone

SPPF State Planning Policy Framework

WSUD Water Sensitive Urban Design


Overview

Amendment Summary

The Amendment Pyrenees Planning Scheme Amendment C42

Common Name Avoca Industrial Rezoning

Purpose The Amendment proposes to rezone land in Avoca, from Farming Zone (FZ) to Industrial 1 Zone (IN1Z). The eastern portion of the site is in the Design and Development Overlay Schedule 1 – Potentially Flood‐Prone Areas (DDO1) which is to be retained.

Subject Site Lot 1 TP224714W, Part CA 14 Section J, Parish of Glenmona, Sueys Lane, Avoca (located to the east of the existing industrial estate in Avoca)

Planning Authority Pyrenees Shire Council

Authorisation Ministerial Authorisation A03279 dated 16 February 2016

Exhibition 28 April to 6 June 2016

Submissions Two opposing submission from:

Submitter 1 ‐ Scott & Maria McCormick

Submitter 2 ‐ Raymond Wardlaw

Panel Process

The Panel Chris Harty

Directions Hearing Avoca Resource Centre, Avoca on 22 July 2016

Panel Hearing Avoca Resource Centre, Avoca on 17 August 2016

Site Inspections Unaccompanied, 22 July and 18 August 2016

Appearances Mr Shannon Meadows, Manager Regulatory Services, Mr Matthew Novacevski, Statutory Planner, Mr Jim Nolan, Chief Executive Officer and Mr Robert Ladd, Manager Municipal Engineering from Pyrenees Shire Council. Mr Meadows called the following expert evidence from:

‐ Mr John Henshall, Economist from Essential Economics.

Ms Cheryl Smith on behalf of Mr Raymond Wardlaw (Submitter 2)

Date of this Report 9 September 2016


Page 1 of 21

Executive Summary

Amendment C42 seeks to amend the Pyrenees Planning Scheme to rezone land described as Lot 1 TP224714W, Part CA 14 Section J, Parish of Glenmona, on the north‐east corner of Sueys Lane and Rowe Street, Avoca from the Farming Zone to the Industrial 1 Zone.

Key issues raised in submissions related to the strategic justification for the Amendment, economic demand and need for additional industrial zoned land and impacts on the environment including drainage, water quality and amenity.

Having considered these issues, the Panel concludes that Amendment C42 is appropriate and will assist in facilitating the provision of a small area of land (6.7 hectares) for industrial land supply for Avoca and Pyrenees Shire. The Panel accepts the submissions and evidence from Council that the Amendment will create up to eight years supply of industrial land. The subject land represents a logical extension of the industrial area in Avoca. Its location on the north‐east edge of the town will not result in a significant loss of agricultural land and is well separated from sensitive uses and residential areas that can avoid issues regarding safety and amenity.

Impacts on the environment, from drainage and amenity are matters of design detail that are considered more appropriately addressed at any permit application stage for both subdivision and development. The Panel is satisfied that the Amendment will not result in significant impacts on the local environment or the amenity of the area.

Based on the reasons set out in this Report, the Panel recommends Pyrenees Planning Scheme Amendment C42 be adopted as exhibited.


Page 2 of 21

1 Introduction

1.1 The Amendment

Amendment C42 to the Pyrenees Planning Scheme (the Amendment), proposes to rezone land described as Lot 1 TP224714W, Part CA 14 Section J, Parish of Glenmona, Sueys Lane, Avoca and shown in Figure 1 (the site) from Farming Zone (FZ) to Industrial 1 Zone (IN1Z).

Figure 1: Location of the subject land.


Page 3 of 21

In 2005, the Avoca Township Structure Plan identified an area in the north‐east of Avoca for an industrial precinct. Land on the corner of Rowe Street and Sueys Lane, Avoca was rezoned under Amendment C13 to the Pyrenees Planning Scheme to implement the findings of the Structure Plan. This land became known as the Avoca Industrial Estate, which was then subject to a three stage subdivision initiated by the Pyrenees Shire Council to create serviced industrial lots.

Stage 1 (four lots) and State 2 (seven lots) have been fully sold, while Stage 3 (24 lots) has two (2) lots remaining at present. On the basis of the uptake and development of industrial land in Avoca, and to ensure an adequate supply of industrial land is maintained, Amendment C42 is now proposed to rezone additional land in Sueys Lane from FZ to IN1Z.

The eastern portion of the site is affected by the Design and Development Overlay Schedule 1 – Potentially Flood‐Prone Areas (DDO1), which is proposed to be retained. No other overlays affect the site. The DDO1 relates to urban or rural areas that are identified as being subject to flooding or drainage problems. The schedule seeks to ensure that development is appropriate and safe from flooding and does not impede the flow of floodwaters or is compatible with local drainage conditions.

The site is located in the north‐eastern edge of the Avoca township, situated on the north‐eastern corner of Sueys Lane, Rowe Street and the Avoca‐Ararat Railway Reserve. It is a generally irregular, rectangular‐shaped allotment of 6.738 hectares, running on a north‐south axis. The site is immediately east of the existing Avoca Industrial Estate (zoned INZ1) and abuts land in the FZ to the north and east. A rail corridor forms the southern boundary of the site. The site is predominantly flat with a slight fall towards the north and a low‐point in the north‐east corner. There is scattered remnant native vegetation that is concentrated at the northern end of the site. The vegetation comprises a cleared understorey of grazed pasture and some regrowth with approximately ten (10) mature large old native trees in the north‐east corner of the site. Native trees comprise Grey Box (Eucalyptus microcarpa), Yellow Box (Eucalyptus melliodora) and Yellow Gum (Eucalyptus leucoxylon).

Sueys Lane runs along the western and northern boundaries of the site and consists of a meandering unmade track providing access to two adjacent properties and which contains a larger number of large old trees similar to those found within the site.

The site is accessed via Rowe Street, which is the main route to the existing industrial estate and is within 1.4km of the Sunraysia Highway.

The Avoca Industrial Estate comprises an eclectic mix of light industrial service industries, small scale manufacturing, and storage uses such as railway plant, engineering, welding, panel beating, car storage and scrap metal. Land uses are primarily oriented towards servicing rural activities in the surrounding northern area of Pyrenees Shire. The Panel noted during its inspections that the quality of urban design and built form character in the estate was relatively poor and inconsistent in terms of layout, design, setbacks, parking and landscaping.


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1.2 Issues dealt with in this report

The Panel considered all written submissions, as well as submissions and evidence presented to it during the Hearing. In addressing the issues raised in those submissions, the Panel has been assisted by the information provided to it as well as its observations from inspections of the site and surrounding area.

The main issues raised in the submissions related to lack of demand evidenced by undeveloped and unsold lots in the existing industrial estate, impacts on agriculture, environmental impacts, bushfire, drainage and water quality issues and impacts on amenity.

Accordingly, this report deals with the above issues under the following headings:

Strategic planning context and justification

Economic demand

Environmental and amenity impacts.


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2 Strategic planning context and justification

Council provided a response to the Strategic Assessment Guidelines as part of the Explanatory Report.

The Panel has reviewed the policy context of the Amendment and made a brief appraisal of the relevant zone and overlay controls and other relevant planning directions and guides.

2.1 Policy framework

(i) State Planning Policy Framework

Council submitted that the Amendment is supported by, and supports a range of clauses and key directions in the State Planning Policy Framework (SPPF) with respect to the provision of land for industry and employment in appropriate locations, including the site at Avoca.

Clause 10.02 – Goal is relevant because it establishes the overall tests for consideration of the Amendment. It seeks:

“… to ensure that the objectives of planning in Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development.”

Clause 11 – Settlement acknowledges that planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for employment amongst other land uses. Planning is to recognise the need for and to contribute towards diversity of choice, economic viability, a high standard of urban design and amenity, prevention of pollution to land, water and air, protection of environmental values and facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage facilities.

Clause 11.02‐1 ‐ Supply of urban land seeks to ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses. Key strategies include ensuring the ongoing provision of land and supporting infrastructure to support sustainable urban development, that sufficient land is available to meet forecast demand and plan to accommodate projected population growth over at least a 15 year period.

Further strategies include monitoring development trends and land supply and demand for industry and maintaining an adequate supply of well‐located land for industry.

The Amendment seeks to provide additional industrial land and sufficient supply to support continuing business and employment growth within Avoca. Council has undertaken a strategic review of the Avoca Township Structure Plan in 2012 and land supply and demand assessments for industrial land in Avoca. The review identified that the site has the capacity to provide for the short to medium term growth for industrial land. Council tabled at the Hearing an indicative subdivision layout plan that identified up to 25 lots could be created from the proposed rezoning, which would satisfy this demand.


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Clause 11.05 ‐ Regional development and in particular Clause 11.05‐1 – Regional settlement networks seeks to promote the sustainable growth and development of regional Victoria through a network of settlements identified in the Regional Victoria Settlement Framework plan. A relevant strategy is to provide for appropriately located supplies of industrial land across a region, sufficient to meet community needs in accordance with the relevant regional growth plan. The Clause calls up the Central Highlands Regional Growth Plan, which sets out a number of principles and directions including; strengthening the region’s economy so that it is more diversified and resilient; encouraging greater economic self‐sufficiency for the region; pursuing economic development opportunities based on the emerging and existing strengths of the region and supporting growth through the development of employment opportunities in towns.

In particular, Councils are required to provide for appropriately located supplies of residential, commercial, and industrial land across a region, sufficient to meet community needs in accordance with the Growth Plan.

Avoca and its hinterland is identified as a key tourism precinct within the Growth Plan. It encourages the provision of local and regional services and support for sustainable growth.

The Amendment contributes to the implementation of these strategic directions. The Amendment is based on Council data, confirmed through the Review of the Avoca Township Structure Plan in 2012, that Avoca has experienced sustained industrial growth since 2005.

Avoca is an important township within the Pyrenees Shire, and also within the Central Highlands sub‐region. It is a growing community that provides educational, employment and social opportunities to a wider rural catchment within and outside the Shire, and Council is striving to ensure it continues to grow in a sustainable, planned manner.

A key component of this sustainable growth is to ensure Council provides opportunities for local investment and employment, so it can retain skilled labour and attract new families to the community.

Industrial enterprises are an important part of the economic mix in Pyrenees Shire, and Beaufort and Avoca are the only two townships within the Shire that support industrial uses and development. Limited opportunities for further industrial land are available in Beaufort, hence placing pressure on Council to provide additional industrial land. The Avoca Industrial Estate, which was created in 2005 under Amendment C13 has been developed in three stages and is close to fully sold, hence the desire to provide additional industrial land in Avoca to ensure opportunity for economic development remains available.

Clause 11.05‐3 – Rural productivity seeks to manage land use change and development in rural areas to promote agriculture and rural production and prevent dispersed urban activities in rural areas. The Amendment supports this by proposing to rezone a site which, although is in the FZ, is one that is immediately adjacent to the existing industrial zoned land located on the edge of Avoca township. The Amendment forms a logical expansion of industrial land use that will not result in the significant loss (6.7 hectares) of productive agricultural land. The Amendment is not considered to negatively affect agricultural production across the Shire. The site is a small farming parcel in an area with highly fragmented ownership, and due to its small size cannot support viable agricultural use. The


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site is currently used for limited farming purposes associated with the grazing of horses and some cattle.

Clause 11.06 ‐ Central Highlands regional growth includes direct reference to the Central Highlands Regional Growth Plan. Clause 11.06‐1 – Planning for growth seeks to plan for population growth in sustainable locations in the region and identifies Avoca as requiring local and sub‐regional services to support ongoing growth. Clause 11.06‐2 – A diversified economy seeks to strengthen the region’s economy to ensure it is resilient and diversified and to support growth through the development of employment opportunities. Clause 11.06‐5 – A sustainable region, includes a strategy to create communities that offer local jobs and services. Clause 11.06‐8 – Agricultural productivity seeks to protect long term agriculture productivity. Clause 11.06‐9 – Cultural heritage and landscapes includes a strategy to provide clear urban boundaries and maintain distinctive breaks and open rural landscapes between settlements. The Central Highlands Regional Growth Plan at Map 2 identifies Avoca as a town on a key road corridor where sustainable change is supported. It is within a major tourism precinct supporting viticulture with areas of high value terrestrial habitat.

The Amendment supports the intent of Clause 11.06 through focusing future industrial development within an area where services are available, synergies are available with existing industrial development and impacts on township expansion and loss of agricultural land are minimised.

Clause 13 ‐ Environmental Risks, in relation to Clause 13.02 – Floodplains, is relevant as part of the site is affected by the DDO1 which recognises potential flood liability and drainage issues. The policy seeks to protect life and property from flood hazard, the carrying capacity of floodways and flood storage and environmental values of areas that convey flood waters. The DDO1 is not affected by the Amendment, and any risks associated with flooding and drainage issues would be addressed during any permit application process. To some extent, Council demonstrated a consideration of these issues by tabling at the Hearing an indicative subdivision layout plan, which included a sewerage pump station system in the northern portion of the site to address any constraints the existing reticulated sewerage infrastructure may have as well as a retardation basin for stormwater treatment and management that may assist with flood management.

Clause 13.04 ‐ Noise and air, is relevant and in this context the Amendment proposes the rezone land for future industrial use in a location which is away from sensitive uses. In addition, future industrial uses on the land would be subject to the threshold buffer distances required under Clause 52.10 – Uses with Adverse Amenity Potential that would trigger the requirement for permits under the IN1Z. This would allow for consideration of safety and amenity with proposals for industrial land use and development.

Clause 13.05 – Bushfire was also addressed by Council due to the presence of vegetation along Sueys Lane to the west and north of the site and in the farming zoned areas to the east and north‐east from the site. Council advised that the Bushfire Management Overlay (BMO) does not apply to the site or to adjacent land. Despite the lack of presence of the BMO, Council indicated it did give regard to the requirements of Clause 52.47 – Planning for Bushfire, and was satisfied that a subdivision can be designed and constructed to mitigate


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fire risk and ensure community safety. Access and egress points into the development can be provided from Rowe Street (a continuation of the existing network), which is a safe route away from large tracts of vegetation. The site is within the area serviced by mains water, which will ensure appropriate water pressure is available during any fire emergency. Council was also satisfied that lots within a future industrial estate can be designed to have sufficient area to ensure buildings are appropriately sited to manage fire risk, particularly on those lots that would abut vegetated properties to the east and northeast. The Panel notes that no response was received from the Country Fire Authority (CFA) arising from exhibition of the Amendment.

Clause 17.02‐1 ‐ Industrial land development seeks to ensure availability of land for industry. It requires Councils to identify land for industrial development in urban growth areas where there is good access for employees, freight and road transport, and where appropriate buffer areas can be provided between the proposed industrial land and nearby sensitive land uses.

In addition, the Clause seeks to ensure an adequate supply of industrial land is provided in appropriate locations including sufficient stocks of large sites for strategic investment. Furthermore, industrial activity in industrial zones should be protected from the encroachment of unplanned commercial, residential and other sensitive uses which would adversely affect industry viability.

The subject site is located away from sensitive residential uses and abuts either farming, industrial and railway uses. The site is well positioned in terms of road access and to provide for local employment. Both the 2005 Avoca Township Structure Plan and the 2012 Review identifies longer term residential growth on the western side of Avoca, away from the existing Avoca Industrial Estate. Therefore, the extension of the industrial estate to the east has no interfaces with land zoned for residential, commercial or health/education uses and will not compromise long term residential expansion in Avoca.

Council also indicated that a further factor supporting rezoning of the site is the supply of reticulated natural gas to Avoca in 2016. The reticulated natural gas supply will make Avoca an attractive location for industrial investment, further emphasizing the need for additional land to be released.

Clause 19.03‐2 – Water supply, sewerage and drainage includes a strategy to provide for sewerage at the time of subdivision, or ensure lots created by the subdivision are capable of adequately treating and retaining all domestic wastewater within the boundaries of each lot. The Clause also requires planning of urban stormwater drainage systems to include measures to reduce peak flows and assist screening, filtering and treatment of stormwater, to enhance flood protection and minimise impacts on water quality in receiving waters and to prevent the intrusion of litter. Part of the site is recognised as having some flooding or drainage issues and will require a sensitive approach towards any future development if rezoned. Stormwater management is also important and litter management is an issue raised by one of the Submitters. Reticulated services are available to the site and can be provided as part of an extension of Rowe Street to the east.

Overall, Avoca is recognised as a focus for growth in the Pyrenees Shire and the Amendment is consistent with the relevant strategic policies under the SPPF.


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(ii) Local Planning Policy Framework

Council submitted that the Amendment is consistent with the objectives and strategies of the Local Planning Policy Framework (LPPF) including the Municipal Strategic Statement (MSS) and local planning policies.

Clause 21.03‐1 ‐ Key Issues identifies the need to generate further employment opportunities.

Clause 21.05‐2 – Townships and Small Settlements identifies Avoca as the second largest town in the Shire with a population of over 1,000. It describes Avoca as an attractive township with the potential to accommodate more residential and scope for the Industrial zoned areas to accommodate further development. Objectives include maintaining the town’s existing function as an important community and service centre for the surrounding farming community. Maintaining an appropriate supply of industrial land to provide employment and services is considered vital to Avoca fulfilling this role. The Clause emphasises the application of the IN1Z to industrial areas.

The Amendment seeks to meet the current, strong demand for serviced land within the Avoca Industrial Estate. By providing additional zoned land in an appropriate location, Council is encouraging further economic and social investment into Avoca, which will contribute to the town’s position as a key population and employment centre in the Shire. To this extent, the Amendment contributes to the implementation of these strategic directions contained in this Clause.

Clause 21.07 ‐ Maps contains the Avoca Strategy Plan which identifies the Avoca Industrial Estate in the north east of the town, however it does not identify the site for industrial purposes.

Clause 22.03 ‐ Environmental policies seeks (amongst other matters) to minimise pollution of waterways, fire hazards or other adverse environmental impacts, manage areas that are subject to flooding or have poor drainage and protect environmentally sensitive areas.

Clause 22.04 – Settlement Policies includes strategies that encourage new urban development which makes efficient use of existing physical and servicing infrastructure, allows for urban expansion only in areas which have a suitability for specified uses and which represents an orderly extension of existing settlements and infrastructure and promotes the retention of existing industries and employment uses and attracts new use and development which takes advantage of the Shire’s natural and cultural resources.

Clause 22.05 ‐ Employment policies encourages the development of local employment opportunities and new industry. The additional 6.7 hectares of the site rezoned for industrial purposes will extend and support the existing Avoca Industrial Estate in a location that will not compromise future residential growth of the town.

It is considered that the Amendment appropriately responds to the LPPF by providing for an orderly extension of the existing industrial estate in a location that can be easily serviced, while providing opportunities to grow employment, support existing industries and attract further industrial investment.


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2.2 Planning scheme provisions

(i) Zones

Clause 33.01 – Industrial 1 Zone (IN1Z), is the zone proposed to be applied under the Amendment to land located in Sueys Lane, Avoca. The purposes of the IN1Z are:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.

The IN1Z includes permit requirements for use of land, buildings and works and subdivision. It includes links to Clause 52.10 relating to uses that may cause adverse amenity effects and contains permit application requirements and decision guidelines to manage effects from industrial land uses and developments on the environment.

Council considers the IN1Z is the most appropriate zone to apply to the site available under the Victoria Planning Provisions (VPP) because it allows for the subdivision, development and use of land for industrial purposes.

(ii) Overlays

Clause 43.02‐1 – Design and Development Overlay Schedule 1 – Potentially Food‐Prone Areas (DDO1) affects the eastern portion of the site as discussed in section 1.1 on page 3 of the report.

(iii) Particular provisions

Clause 52.10 – Uses with Adverse Amenity Potential relates to those types of industries which if not appropriately designed and located may cause offence or unacceptable risk to the neighbourhood. It establishes threshold distances that trigger permit requirements under the IN1Z and allows for consideration of off‐site effects and buffers for various types of industrial land use and development that may cause impacts on safety and amenity.

The Clause seeks to ensure that uses with adverse amenity potential are appropriately designed and located to protect the safety and amenity of the neighbourhood. Land in the Rural Living Zone (RLZ) is located approximately 340 metres to the south‐east of the site, and land in the General Residential Zone (GRZ) is approximately 350 metres to the west of the site (immediately adjoining the existing Avoca Industrial Estate). Land between the site and those lands within the RLZ and GRZ is developed for industrial purposes. Council has taken care to ensure future industrial growth in Avoca is appropriately located to provide adequate setback distances from sensitive land uses.


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2.3 Other Strategic Policy

The strategic basis for the Amendment is found in the following strategic policy reports:

Beaufort and Avoca Industrial Land Strategy

Avoca Township Structure Plan 2005

Avoca Township Structure Plan Review 2012.

(i) Beaufort and Avoca Industrial Land Strategy

The Beaufort and Avoca Industrial Land Strategy prepared in 2002 identified the requirements and locations for industrial land in both towns for the period 2001 to 2015. Pre‐2005, industrial development in Avoca had been centred on the Rowe Street precinct. In March 2005, Council completed a supplementary review of the Beaufort and Avoca Industrial Land Strategy that encouraged further industrial development in this area, so as to provide an integrated estate that would be easily serviced. The review identified an area of land on the north side of Rowe Street, Avoca for future industrial development. This area comprised approximately 6.9 hectares and was rezoned under Amendment C13 to the Pyrenees Planning Scheme and gazetted on 14 July 2005. The rezoning was anticipated to cater for demand for industrial land until around 2015.

(ii) Avoca Township Structure Plan

The Avoca Township Structure Plan was prepared in 2005, reviewed in 2012 and adopted by Council in July 2013. The 2005 Plan also supported the development of further industrial land in the north‐east part of Avoca. It included specific directions to secure land for future expansion of the industrial area further north beyond the land rezoned under Amendment C13.

The 2012 Review noted that existing industrial land around Rowe Street had been substantially taken up, with no zoned or committed industrial land capable of meeting demands beyond the immediate short term. It specifically identified the site at Sueys Lane as suitable for industrial development and proposed rezoning. The 2012 Review noted that the site can be provided with essential utility services (including water and high voltage electricity supply) and can be developed as an extension of the existing industrial estate. Hence, the 2012 Review provides the primary strategic basis for the Amendment.

The findings of the 2012 Review provide a clear understanding of the basis for the Amendment and states:

There is a need for further land to be set aside given the success of the industrial estate in Avoca, and the fact that there is no other industrially zoned land (other than in Beaufort) in the Shire.

Stages 1 and 2 of Council’s industrial estate in Avoca (on both sides of Rowe Street) have now been substantially taken up. Stage 2 of the estate has been popularly sought after and lots have only been sold where purchasers have given undertakings that they will develop land almost immediately. As things presently stand, there is no zoned or committed industrial land capable of meeting demands beyond the immediate short term. Council’s economic consultants (Essential Economics Pty Ltd) have stressed the need for a ready


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supply of industrial land to be maintained so as to promote and co‐ordinate further industrial and other employment based development within the town.

The current Structure Plan identifies land to the north of the existing industrial precinct as being suitable for contiguous expansion, however this area has proved unsuitable in the short term due to potential drainage and servicing difficulties, and recent land use commitments. This land should remain earmarked for longer term industrial expansion (should it be required) and would potentially be more suitable for larger scale industrial enterprises (given its direct access to Avoca‐Dunnolly Road).

Just beyond the northern edge of town (to the immediate east of the existing industrial estate) is an area of land which is well suited to future industrial use, which can be provided with essential utility services (notably water supply and high voltage electricity supply) and is well drained. Most importantly, this area is capable of being developed as a contiguous extension of the existing industrial estate without impacting to any significant degree on residential amenity or other environmental values. This land has an area of approximately 7 hectares and has the potential to create up to 25 lots (of varying sizes) which potentially would satisfy demand in the short to medium term.

2.4 Ministerial Directions

(i) Ministerial Directions

Council submitted that the Amendment meets the relevant requirements of the following Ministerial Directions:

Ministerial Direction 11 ‐ Strategic Assessment of Amendments

The Amendment is consistent with Ministerial Direction 11 (Strategic Assessment of Amendments).

The Form and Content of Planning Schemes (s7(5))

The Amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under Section 7(5) of the Act.

2.5 Discussion and conclusion

The Panel considers that the Amendment is supported by, and implements, the relevant policies of the SPPF and LPPF.

Provision of industrial zoned land is supported by both State and local planning policy. Local policy has been guided by strategic investigations and structure planning for Avoca, which have been updated to reflect change conditions and circumstances. The Panel considers this to be good planning that is responsive to the needs of the community.

The Panel concludes that the Amendment is well founded and is strategically justified subject to addressing the more specific issues raised in submissions as discussed in the following chapters.


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3 Economic demand

3.1 The issue

The issue with respect to economic demand relates to whether there is a need for further land to be rezoned for industrial purposes in Avoca.

3.2 Submissions and evidence

The Amendment proposes to rezone land on the north‐east corner of Sueys Lane and Rowe Street, Avoca from FZ to IN1Z. The site is located east of the existing Avoca Industrial Estate which is based around Rowe Street and Blackney Drive. A number of the lots that have been subdivided and sold remain undeveloped.

The Panel heard from Mr Jim Nolan, Chief Executive Officer from Council who described how Council has taken an active role, as a developer, in providing land for industrial development, and as a catalyst, for industrial growth in both Beaufort and Avoca. These are the only towns in Pyrenees Shire where industrial development has been planned and encouraged to occur.

Land releases of industrial zoned land has generated employment and provided opportunities for a range of manufacturing and service‐oriented industrial businesses to locate. These land releases have also allowed businesses that may have adverse amenity impacts or be prohibited in residential or commercial areas, to locate and develop in an appropriate zone.

The primary concern from both submitters was whether there is a need for additional industrial land given lots within the existing Avoca Industrial Estate remain unsold as well as many remaining vacant and undeveloped. The written submission from Scott and Maria McCormick (Submitter 1) expressed concern that it has taken approximately 11 years to sell 32 lots in the Avoca Industrial Estate with three (currently two, as advised by Council) lots remaining unsold and that there is uncertainty that additional lots would be readily taken up.

Similarly, the written submission from Raymond Wardlaw (Submitter 2) expressed concern that the need to create additional industrial land was not demonstrated by both the lack of development of vacant lots and the lack of direct employment generation from land uses that have established in the Avoca Industrial Estate. The submission stated that 13 out of 32 lots remain undeveloped with the type of land uses comprising scrap metal and car storage, relocated businesses or passive storage. Submitter 1 stated that the lots have “turned into rubbish collecting industrial blocks housing wrecked vehicle’s, caravans and piles of rubble/rubbish”.

In response, Mr Shannon Meadows, Manager Regulatory Services from Council submitted that the only areas of industrial zoned land in the Shire are located in Beaufort and Avoca. In Avoca, there are currently two unsold lots and none available in Beaufort.

He submitted that under Clause 17 of the Pyrenees Planning Scheme, Council has sought to provide a supply of zoned industrial land for development. An inadequate supply of industrial land in Avoca would limit economic development and local employment


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opportunities, constraining opportunities for industrial activities to locate and preventing Avoca from achieving its role as a service centre. Constraining industrial land supply also raises the risk of inappropriate use of residential or commercial land for industrial purposes.

Mr John Henshall, an Economist from Essential Economics gave evidence that over the past 10 years, 33 lots have sold in Avoca representing an average of three industrial lots per year. He considered that the remaining two lots represent less than one year’s supply of industrial land in Avoca. Based on this, and the proposed rezoning of the site and resultant lot yield (up to 25 lots based on the indicative subdivision plan tabled by Council at the Hearing), approximately up to eight years’ industrial land supply would be provided in Avoca. Mr Meadows considered this was not an over‐supply of industrial land for Avoca.

With respect to concerns over the contribution of the additional industrial land to job creation and the local economy, Council considered that while these concerns have some merit in that they identify broader planning issues of development quality and amenity, they do not challenge Council’s view that additional industrial land is required, nor do they undermine the intent of the Amendment.

Mr Meadows acknowledged the submitter’s view that land has been sold to developers who are using industrial land for metal storage and other low‐intensity land uses. However, he submitted that it is important to note that while these land uses may not generate large employment numbers, they are permitted uses in the IN1Z and are operating legally. Moreover, the sale of land to developers who are using their land for industrial storage indicates clearly that there is a demand for industrial land.

Council is also aware that businesses have expanded their activities into the industrial estate rather than conducting industrial activity in inappropriate locations in other parts of the shire. In Council’s view, this is a good planning outcome and indicates that the industrial estate is serving its purpose. It is also reinforces the need for additional land.

The release of industrial land creates opportunities for employment‐creating businesses to establish or expand their activities in Avoca. These opportunities are not present where industrial land supply is constrained. The existing Avoca industrial estate includes a range of businesses that support jobs on‐site, or indirectly support employment in related operations. For example, transport and storage businesses may support job creating agricultural or commercial activity in and around the town; while engineering or construction supplies may support the local construction industry.

Mr Meadows drew the Panel’s attention to a Business Case report for natural gas connection options to the Avoca Industrial Estate prepared by SED Advisory in 20151. The Business Case report was prepared in response to the State Government’s announcement of connection of Avoca to natural gas in 2016. The Business Case report identified that the existing industrial estate supports an estimated 69 jobs. In Council’s view, on site employment creation, while a vital objective of industrial land provision, is not the only objective. An appropriate supply of industrial land provides scope for activities that service existing commercial or agricultural operations to locate. Council considers the consolidation of these activities in a dedicated industrial precinct to be a necessary and acceptable planning outcome.

1 Avoca Industrial Estate Natural Gas Extension Business Case, SED Advisory, 2015.


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3.3 Discussion

The Pyrenees Planning Scheme does not specify a projected timeframe for the supply of land for industrial purposes. The Panel notes, for example, that for population growth, Clause 11.02‐1 refers to planning to accommodate projected population growth over at least a 15 year period and provide clear direction on locations where growth should occur. The policy also seeks to ensure that sufficient land is available to meet forecast demand. Similarly, Clause 17.02‐1 requires provision of an adequate supply of land in appropriate locations for industrial purposes.

Council identified that expanding the Avoca Industrial Estate, as proposed in the Amendment, would ensure both growth for industrial land use and an adequate supply of land for at least the short to medium term (up to eight years based on a current annual take up rate of 3 lots sold) would be achieved.

Concerns over the difference between lots sold and lots remaining undeveloped were addressed in the evidence of Mr Henshall. He identified 11 undeveloped lots comprising 3.9 hectares of land is vacant in the Avoca Industrial Estate. He considered that compared to the percentage of vacant industrial land in other townships such as Ballarat (25.6%), Stawell (40.7%), Ararat (44.7%) and Beaufort (31.4%), Avoca had the lowest percentage at 21.2%. Hence, this represents the lower end of the scale with respect to the amount of undeveloped industrial zoned land in the region.

The Panel considers the extent of land proposed for rezoning at 6.7 hectares is not large and not of a sufficient area that warrants concern regarding an over‐supply of industrial zoned land in Avoca. The Amendment addresses the rezoning of land for industrial purposes and further work will be required to prepare for subdivision, servicing and development of the land. The Panel is confident that creating an additional supply of land for industrial purposes will place pressure on those existing vacant lots to be developed. Sitting on vacant lots as investments may become less attractive and hence greater opportunities both to purchase and develop lots will be created as a result of the Amendment. The Panel considers this a good outcome as a result of the Amendment.

Council is supportive of providing a supply of industrial zoned land for Avoca and the wider region of the Shire that will be adequate to provide for a diversity of choice of lots and to encourage industrial land use and development into an area dedicated for such use. The Panel agrees with Council that this will assist in preventing inappropriate development in more sensitive areas such as residential and commercial areas and provide opportunities for employment growth in the town.

The Panel does not view the presence of two unsold lots as evidence that there is no demand for industrial land in Avoca. The extent of undeveloped lots (11 lots or 3.9 hectares of land) in the Avoca Industrial Estate is also not a concern to the Panel as these undeveloped lots represents future opportunities for development. The Panel considers the Amendment is appropriate because it provides for diversity of choice. It will also ensure sufficient industrial zoned land is available for any new or expanding businesses to establish and maintain opportunities to support the local agricultural sector.


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3.4 Conclusion

The Panel concludes that the proposed Amendment is appropriate and satisfactory. The combination of few industrial lots available in Avoca and none in Beaufort to purchase from Council is evidence that supply is constrained. Future economic development and growth in Avoca can be encouraged and supported by the availability of appropriately zoned land for industrial purposes. The types of existing land uses within the Avoca Industrial Estate and whether they provide employment growth or not is not an issue that the Panel considers detrimental to the Amendment. Providing additional land for industrial purposes retains options for land uses to establish where they require land within an appropriately zoned area.


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4 Environmental and amenity impacts

4.1 The issue

The issues with regards to environmental and amenity impacts relate to the effects arising from the Amendment with future industrial development. The primary concerns relate to drainage issues, impacts on ecological values and amenity.

4.2 Submissions

4.2.1 Drainage

Ms Cheryl Smith, on behalf of Submitter 2 raised concerns over drainage of the site and the effects on both Sueys Lane and an historic dredge hole located to the north of the site on Crown Land managed by Council as Committee of Management. Ms Smith expressed concern that water quality of the dredge hole may be impacted by industrial development which would have adverse impacts on farmers who use the dredge hole for stock watering.

Ms Smith also questioned how Council proposed to respond to the flood liability of the site and the DDO1. Council’s response was that these are matters that would most appropriately be addressed at the permit application stage. Council anticipates addressing flood risk through the requirements triggered under the DDO1 and that drainage flows are managed in the design of any subdivision through ensuring stormwater flows and quality are managed at pre‐development levels.

Mr Robert Ladd, Manager Municipal Engineering from Council advised that the site has a fall of 2.5 metres over the length of the site towards the north and drains towards the north of the site which is a different direction to that of the existing Avoca Industrial Estate, which drains towards the north and west. Council tabled at the Hearing an indicative subdivision layout plan that showed a 20‐lot subdivision, with Rowe Street extended into a new internal road network. A super‐lot could be created in the north that would provide the opportunity to retain existing vegetation.

The indicative subdivision layout plan identifies that a stormwater retardation basin in the north‐east corner of the site could be provided for onsite retention and treatment of stormwater prior to discharge from the site. Mr Ladd advised that Council’s modelling investigations had established that a 1% AEP (1‐in‐100 year flooding event) can be managed through a retention basin in the order of 1,315 square metres. However, the indicative subdivision plan shows a reserve of more than 1800 square metres to demonstrate that there is scope to also support vegetation retention.

Modelling also indicated that provision of stormwater retardation in the north‐east of the site would be able to reduce surface water velocity and flows into the surrounding area and support Water Sensitive Urban Design (WSUD) principles. Mr Ladd also reiterated that water quality would be further protected as a result of individual lot development through the use of triple interceptor traps and individual on‐site stormwater detention systems to ensure that runoff quantities and its quality is appropriately managed.

Ms Smith tabled photographs demonstrating how stormwater runoff travels along part of Sueys Lane and impacts the condition of the road. Sueys Lane is an unsealed road, which


Page 18 of 21

provides single vehicle access at low speed to two properties including that of Submitter 1. It is in relatively poor condition with numerous potholes that were filled with water as evidenced by the Panel during its inspection. Council advised that it is not intended to alter Sueys Lane or use it to provide access to the site for industrial purposes. This is primarily to avoid environmental impacts on existing vegetation within the road reserve. Mr Ladd considered that any stormwater management for the site and as shown in the indicative subdivision layout plan would assist in directing flows from Sueys Lane and hence provide relief from some of the adverse effects poor drainage has on the condition of the road.

Council’s position is that appropriately designed development within the site will have an overall net benefit on surface water drainage in the area and will reduce the incidence of flooding in Sueys Lane by directing water to a retardation basin. Council also acknowledged that drainage infrastructure would be required to be completed before lots are developed, which would be addressed as part of obtaining any statement of compliance under the Subdivision Act 1988.

4.2.2 Environmental impacts

Both Submitters referred to the potential impacts of industrial development on the environment through impacts on ecological values on the site and surrounding area. Submitter 1 had concerns over the effects of both development and ongoing activity on wildlife and any habitat values associated with the loss of two dams that are currently located on the site.

The site has a history of grazing activity, with heavily modified pasture vegetation including introduced grasses. Remnant large old native trees are located in the north‐eastern corner of the site. Council advised these native trees could be retained and that subdivision should be designed to protect root zones of existing trees. Council also advised that the Amendment would not affect the stands of trees around Sueys Lane and subdivision design can avoid vegetation removal and support their protection.

The Panel notes that the response from the Department of Environment, Land, Water and Planning (DELWP) offered no objection to the Amendment. However, it was noted that the Department’s response included the comment that native vegetation present on any lots created in the future that are less than 0.4 hectares would be deemed to be lost with respect to native vegetation permitted clearing regulations under Clause 52.17 of the planning scheme.

4.2.3 Amenity

Both Submitters raised issues relating to noise and amenity and the impacts on the interface between the site and surrounding farming land. Ms Smith was concerned about the impacts of extra traffic in the area on surrounding farming operations, detrimental effects of additional industrial traffic travelling through residential areas to access the Sunraysia Highway. She and Mr Wardlaw both considered that traffic may attempt to use short‐cut routes to access the Sunraysia Highway such as Astbury Street to the west, which may not be appropriate. Mr Wardlaw considered that Slaughterhouse Road, to the south over the existing railway reserve may be appropriate to upgrade because it links up with the Pyrenees Highway to Maryborough.


Page 19 of 21

Submitter 2 also had concerns over the potential for industrial development to generate increased litter that can affect stock. Both Submitters were concerned over the loss of agricultural land arising from the rezoning.

In response, Mr Matthew Novacevski, Statutory Planner from Council submitted that Avoca’s north‐eastern interface in the area surrounding the site is already characterized by interaction between industrial and agricultural activities. This is reflected in the mix of INZ1 and FZ land. The Amendment does not propose to introduce a new zone to the area, but expands coverage of the INZ1 to allow further similar development. The Amendment seeks to extend the supply of INZ1 land to include a small FZ lot that has limited viability for agricultural activity due to its size. Council’s position is that the most appropriate strategic use of the land is for industrial activity, and that this would not affect the viability of surrounding farming activity.

Noise and litter issues are considered by Council to be regulatory matters addressed through legislation and noise and amenity requirements monitored by the Environmental Protection Authority (EPA) and Council’s Local Laws. The EPA was notified of the Amendment and offered no objections. Further, the EPA’s response stated that the site has large separation distances to existing and proposed residential areas, which would protect residential amenity into the future. Buffer issues are further supported under the threshold separation distances triggering permit requirements under Clause 52.10.

Council notes that an interface between INZ1 and FZ land is less likely to result in right‐to‐farm issues than an interface between residential and farming zoned land.

Council therefore considers that Amendment C42 will not facilitate inappropriate land use that would compromise Avoca’s north‐eastern rural/urban interface.

Traffic from the existing Avoca Industrial Estate currently uses Rowe Street and Homebush Road to access the Sunraysia Highway. Council submitted that this mode of access to and from the industrial area of Avoca will remain unchanged. Mr Meadows advised the road network is appropriate to handle truck movements and other industrial traffic and that Homebush Road is a two land sealed road that links two arterial roads in both the Sunraysia Highway and the Maryborough‐St Arnaud Road to the north. Upgrading Slaughterhouse Road would be difficult and unviable given its unsealed condition and extent of vegetation that would be impacted with any upgrade to accommodate industrial traffic movement.

4.3 Discussion

The Panel considers the issues raised in submissions relating to environmental and amenity impacts are details of design and layout rather than key matters to assess as part of an Amendment seeking rezoning from FZ to IN1Z. The key issue for the Panel is that the site has the capability to accommodate future industrial land use and development and that matters around vegetation, the environment, amenity and drainage are not matters that are insurmountable in terms of managing impacts and which can be addressed through subdivision design, layout and infrastructure servicing.

In this regard, the Panel is satisfied that the Amendment is appropriate. The tabled indicative subdivision layout plan, although not forming part of the Amendment, does provide some comfort to the Panel by demonstrating the capacity for a lot layout and design


Page 20 of 21

to be developed that can avoid impacts on native vegetation, provide suitable infrastructure services and manage impacts on amenity of the surrounding area.

Environmental issues associated with native vegetation can be avoided due to the concept of avoiding development of Sueys Lane and provision of a super‐lot in the north of the site which would assist in avoiding the need to remove the concentration of large old trees that are located in this part of the site. The Panel notes that the more extensive vegetated areas occur on land adjoining the site and which would not be affected by future industrial development. The Panel considers any design outcomes would be appropriately guided under State policy in Clause 12 and Clause 52.17 with respect to any native vegetation clearing.

The interface between industrial land and farming is relatively robust. Both zones are what planners would refer to as ‘working zones’, where protection of amenity within these zones would not rank as a high priority such as that within a residential zone. There are adequate buffer distances between the site and nearby residential zoned areas. Impacts from industrial activity can be minimised and considered under the provisions of the IN1Z and through Clause 52.10.

The Panel notes the concern of Mr Wardlaw about litter affecting stock and notes his suggestion that if the rezoning proceeds, he would like to see appropriate boundary fencing that would control materials including litter on his land. The Panel notes that the landscape of the area is relatively open and it would be appropriate for boundary fencing to be of a nature that can assist in preventing litter and other materials moving onto adjoining land. Although this is not part of the Amendment, given the nature of a rezoning, the Panel does encourage Council to consider interface design issues with any future planning for industrial development.

The IN1Z contains provisions to control the subdivision of land, land use and development. For subdivision, the zone requires consideration of issues including State and local planning policy, the natural and cultural values on or near the land, streetscape character, landscape treatment, interface issues with non‐industrial areas.

Similarly, for land use and development, the IN1Z includes application requirements and decision guidelines ranging from the use of land for industry including the types and quantities of goods stored, processed or produced, consideration of effects on safety, noise, emissions to the air and water, drainage and traffic management through to built form, outdoor storage, parking, loading and service areas and landscape treatments.

The Panel notes that the existing Avoca Industrial Estate exhibits a poor urban design response to built form, streetscape and landscape treatment quality. It was an issue acknowledged by Mr Meadows who submitted that this is currently managed through permits, existing planning provisions and local laws. He did acknowledge that this is an area that could be improved and accepted that the Amendment did not preclude further planning controls and/or policy to better regulate industrial development.

Although the Amendment does not include other policy changes or proposes to introduce planning tools to guide and manage future use and development of the site if rezoned for industrial purposes, this is not considered fatal to the Amendment proceeding. The


Page 21 of 21

combination of the relatively small size of the site and the design process demonstrated by Council at the Hearing provides sufficient comfort to the Panel that the Amendment can proceed.

The Panel acknowledges Council’s recognition of the urban design issue and suggests that a future amendment to its planning scheme should be considered to introduce an appropriate policy and planning tool(s) to support the IN1Z and existing planning policy with respect to urban design and landscape outcomes for future industrial development.

The Panel is aware that State policy under Clause 15 – Built Environment and Heritage contains policies that address urban design (Clause 15.01‐1) and principles of urban design (Clause 15.01‐2), however, it is also aware of how local planning policies have been used to inform design requirements for industrial use and development, for example, Clause 22.04‐4 – Industrial Development in the Corangamite Planning Scheme and Clause 22.03‐1 – Industrial Development in the Moyne Planning Scheme.

Alternatively, the Panel is also aware that other mechanisms can be used to manage urban design matters including the use of Section 173 Agreements or other forms of covenants/title restrictions that may be equally effective and enforceable.

The Panel suggests that Council consider action to ensure a better quality urban design outcome for industrial development in Avoca as an important initiative.

4.4 Conclusion

The Panel concludes that the Amendment will not have significant impacts on the environment or to the amenity of the local area. The site exhibits no insurmountable constraints to its use for industrial purposes. Accordingly, the Panel supports the Amendment.

3.03% 1

9.09% 3

15.15% 5

72.73% 24

Q1 You have told us through our annualcommunity survey that maintaining gravelroads is one of your highest priorities. How

satisfied are you with gravel roadmaintenance and work in your area:

Answered: 33 Skipped: 1

Total 33

Very satisfied

Satisfied

Neutral

Not Satisfied

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Answer Choices Responses

Very satisfied

Satisfied

Neutral

Not Satisfied

1 / 9

Gravel Roads

40.63% 13

59.38% 19

Q2 Council grades and maintains higheruse gravel roads at a greater rate than lower

use gravel roads. We have the budget tograde approximately 1300 km of road per

annum. Use of Road Amount (km) Frequency of Grading Total Graded pa

(km) High 365 Twice/year 730Medium 373 Once/year 373 Low 493 Infrequently. Approx. once/three

years 164 TOTAL: 1267 Do youbelieve this is a reasonable approach?


Total 32

Yes

No

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Yes

No

2 / 9

Gravel Roads

Q3 If you answered no to question 2, howwould you do things differently?


# Responses Date

1 Residents are entitled to a safe road. Low use roads should be maintained once every 18 months. Also thereappears to be very little if any of clearing of trees/shrub close to low rated roads which increases the risk of fire andvehicle safety.

9/6/2016 3:36 PM

2 Depends on what the rains do to roads 9/6/2016 3:04 PM

3 All roads should be graded at least once a year. The road i am referring to is Castlemans road Tanwood. Over theyears i have seen it deteriorate to the condition it is in now, due to the poor condition and lack of table drains andcrown in the road, if these were done properly there would not be the problem of water running down the middle ofthe road. I used to deal with the problem of leaves etc in the drains but im too old for that now. I am not the onlyone who uses the road with farmers, trademans etc.

9/6/2016 11:32 AM

4 I know you have limited graders and can only grade when conditions are right but some roads get to a terrible statesometimes before you get to grade them. Two of these roads are Chute Waterloo Road and Chute Lexton Road.After the floods there was material put on these roads and they were a lot better for quite a few years but are nowback to what they were before. The grader drivers doa good job but the roads deteriorate quickly. Also a lot ofsealed roads have the edges higher than the edge of the seal which means the water cant run off the road and justlays there or runs along teh edge which is dangerous if you have to get over to pass someone.

9/5/2016 11:18 AM

5 As requested - weather dependent / damage to roads. 9/5/2016 11:14 AM

6 Maybe spend more on sealing roads as a one off expense. 9/5/2016 11:13 AM

7 Can't judge on the above figures. Expenditure on roads should be prioritised and anything spent should be effectiveand sustainable.

9/5/2016 11:12 AM

8 Grade on quality currently our rd has 50 - 100 pot holes 8/30/2016 4:30 PM

9 We pay same rates so all roads especially low use roads should be assessed more frequently adn worked onmore frequently. Safety and access for residents should be considered.

8/30/2016 11:13 AM

10 Increased funds for roads, build infrastructure for our economy. Remove trees for road safety, also obstructs viewof wildlife.

8/30/2016 11:12 AM

11 Grading the category of the road by the number of residents on road does not properly reflect the amount of trafficthat road has from visitors, contractors etc.

8/30/2016 11:07 AM

12 Grade when needed, dont leave too long before it is graded. 8/30/2016 10:48 AM

13 We understand councils issues and budgets but travelling on poor gravel roads everyday is tiring and sometimesdangerous. If the appropriate gravel is used initially and the road is domed correctly the road should require lessmaintenance..as happened in Sims Lane several years ago, but the road does need reviewing to ensure it doesntdeteriorate. Culverts may need to be installed to avoid water flooding across road and damaging it.

8/29/2016 1:36 PM

14 Use Local Contractors with council graders 8/25/2016 9:06 AM

15 Perhaps various factors could be considered when deciding frequency required. 8/22/2016 10:06 PM

16 grading isnt enough it rains soon after and the road is very unsafe its a sandy base ? need for more gravel 8/22/2016 3:34 PM

17 No it just frequency of use as driver it is also safety of use suggest a minimum condition standard rather thanfrequency approach

8/19/2016 5:34 AM

18 More inspections of Minor roads. 8/18/2016 8:05 PM

19 Roads require more frequent and expert attention. 8/18/2016 2:47 PM

20 the community would like the raglan hall road sealed and also dundas street 8/18/2016 1:13 PM

21 Toppers Lane has a huge traffic each day, cars and trucks and a lot of 4 wheel drives. 8/17/2016 6:42 PM

3 / 9

Gravel Roads

3.13% 1

78.13% 25

18.75% 6

Q4 Council allocates money in its budgetacross a number of elements that relate to

roads. This table below shows part ofCouncil's operating budget for roads:Works Area Amount $ Sealed Roads

608,600 Unsealed Roads 888,800 Bridge48,000 Drainage 168,000 Roadside

Management 395,600 Footpaths, kerb &channel 68,000 TOTAL: 2,177,100 This table

below is a selection of Council's capitalbudget for roads: Gravel Road Resheets600,000 Reseals 868,000 Kerb & Channel21,000 Footpaths 18,000 Major patches102,500 Major culverts 75,000 Shoulder

program 50,000 R2R - Road Reconstruction1,969,869 R2R - Bridge 311,323 TOTAL:

4,015,692 Do you think Council spends toomuch, the right amount or not enough on

gravel roads?Answered: 32 Skipped: 2

Total 32

Too much

Not enough

Right amount

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Too much

Not enough

Right amount

4 / 9

Gravel Roads

64.52% 20

35.48% 11

Q5 Council programs the grading of gravelroads to make the most of favourable

conditions. Gravel roads need to have acertain level of moisture in them to be

graded. Programming works keeps the costof grading to an average of $670/km.

Council received 639 customer actionrequests last year, some of which relate to

gravel road grading. Customer ActionRequest Area Number of requests

Unsealed road maintenance 67 Roadsidevegetation 152 General issues on roads

(non-pavement) 133 Sealed roadmaintenance 172 Drainage 41 Footpaths,kerb & channel 38 Parks & Reserves 18

Other issues including: buildingcompliance, community wellbeing, local

laws, streetlights, waste management andbuilding maintenance. 18 TOTAL: 639 If

Council were to grade roads in reaction torequests, the cost of grading could doubleto approximately $1300/km because of theneed to put water on the road before it is

graded.Do you think we should spend moreto grade roads all year round to improveresponse times to customer requests?


Total 31

Yes

No

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Yes

No

5 / 9

Gravel Roads

32.14% 9

67.86% 19

Q6 If you answered yes to question 5, wouldyou be willing to pay more rates to help

cover the cost of unsealed road grading?Answered: 28 Skipped: 6

Total 28

Yes

No

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Yes

No

6 / 9

Gravel Roads

90.32% 28

41.94% 13

41.94% 13

Q7 What area of work on our gravel roadswould you like to see more of?


Total Respondents: 31

# Other (please specify) Date

1 Grading of the edge of roads wider to keep clear new trees adn shrubs whicha re taking over the side of the roads. 9/6/2016 3:36 PM

2 Stop doing work that doesn't need doing. A couple of years ago bridges were all replaced, even though they didn'tall require replacing. Stop spending money that doesn't need to be spent, and spend it where it's needed.

9/6/2016 3:04 PM

3 Table drains 9/6/2016 11:32 AM

4 Grading the edges of sealed roads and more material put on gravel roads. 9/5/2016 11:18 AM

5 Fixing footpaths. We pay enough rates and do not get anything done. 9/5/2016 11:13 AM

6 And bridges, within priorities and budget. Would pay more rates only after other measures such as trafficmanagement are implemented and compliance applied.

9/5/2016 11:12 AM

7 grading out to table drains and placing that sand back onto road 9/3/2016 6:07 PM

8 Reestablish the table drains along the roads. The table drains have not been cleaned out for years and now haveissues with trees too close to the road which is asafoetida issue to motorists. Also if they were cleaned out andshaped to allow the water to flow we may not have all the scouring in the roads.

8/30/2016 11:06 PM

9 Removal of trees before 10 yeasrs from table drains. 8/30/2016 11:12 AM

10 More gravel roads resheeted. 8/30/2016 10:48 AM

11 So that the water actually flows into and through. Need the material to better suit the road/ water drainageconditions.

8/30/2016 10:44 AM

12 grading of roads in times of high use. trimming of trees so large machinery can access road without hitting treesare leaving branches across roads. installing culverts will stop water damage and need for repairs.

8/29/2016 1:36 PM

13 protection of roadside biodiversity by not intruding with large machinery 8/25/2016 4:14 PM

14 Remove pot holes 8/18/2016 8:05 PM

Grading ofroads

Maintenanceand upgradin...

Trimming oftrees

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Grading of roads

Maintenance and upgrading of culverts

Trimming of trees

7 / 9

Gravel Roads

Q8 What areas do you think Council couldimprove on when it comes to gravel roads?


# Responses Date

1 some gravel roads have wash out areas, large pot holes caused by water damage and the same damage keepsoccurring after repairs have been done. Fix it right and do it once.

9/6/2016 3:36 PM

2 roads that go between minor arterials. 9/6/2016 3:04 PM

3 See question 3 9/6/2016 11:32 AM

4 Would definitley not pay more rates. The general opinion is we spend more and more on office staff some of whichwork hard but some are a waste of money including high profile employees, most of which use shire cars and fuelto go home to Ballarat and dont live here and dont care about the local area.

9/5/2016 11:18 AM

5 ultimatley convert to bitumen 9/5/2016 11:14 AM

6 Resheeting 9/5/2016 11:13 AM

7 Traffic management and compliance. 9/5/2016 11:12 AM

8 drainage 9/3/2016 6:07 PM

9 Having a scout checking the roads regularly and this could stop all the complaints/customer requests . Beproactive.

8/30/2016 11:06 PM

10 Pot holes 8/30/2016 4:30 PM

11 To assess all gravel roads in the area to more effectively and efficiently use the council assets. 8/30/2016 11:13 AM

12 More stones on top, not just grading 8/30/2016 11:07 AM

13 The type of material used to resurface. Removal of tree regrowth etc from tabledrain area. Cleaning of culverts(drain to and from) to allow water to get away.

8/30/2016 10:44 AM

14 as above..sorry put in wrong place. My husband often has to grade areas of road close to home to get rid ofpotholes. and he usually cuts grass on verges esp around bends in road to improve visibility so we do our extra bitto look after our area. We would be prepared to pay more to have better gravel roads, but then again we dont usealot of Council services like ratepayers in town do so better roads would help us and be our fair share of rates

8/29/2016 1:36 PM

15 More resheeting 8/27/2016 1:58 PM

16 ensuring landholders understand the value of biodiversity on roadsides 8/25/2016 4:14 PM

17 Small sections of resurfaced road 8/25/2016 9:06 AM

18 top dressing them with something like crushed rock etc 8/22/2016 3:34 PM

19 We live in Greens lane Moonambel ,what I call a dirt road , little or no gravel so when graded it just fills thepotholes with dirt , first rain and we are back where we started . WEneed Gravel on the road !!!!

8/19/2016 12:32 PM

20 Frequency of grades and visibility 8/19/2016 5:34 AM

21 Remove pot holes 8/18/2016 8:05 PM

22 You seem to be stuck on the idea that you have to spend more to improve gravels roads. Is that true? Can't you bemore efficient and cost effective instead?

8/18/2016 2:47 PM

23 if there is no budget to gravel, then keep them graded 8/18/2016 1:13 PM

24 Training operators correctly with sound knowledge and common sense on grading roads correctly, effectively andefficiently

8/17/2016 11:43 PM

25 Regular inspections as conditions can change in a week. 8/17/2016 6:42 PM

8 / 9

Gravel Roads

Q9 Are there roads that council currentlymaintains that are no longer required for

public access? These could become privateroads or driveways that are not maintained

by Council. (Council officers will need toinvestigate to ensure landowners are not

disadvantaged and seek views ofemergency services)


# Responses Date

1 Comments - Large vehicles / machinery on roads they should not be on.Speed? signage? compliance? Run offs - impact on drainage and fences? Culverts - need clearing andmaintenance. Bridges - need inspection and maintenance. Load rating signage? compliance? Roadside vegetation- consultation with those who know! Protocols? Permits? Compliance? Gorse and other wood weeds? Council'scustomer response - almost none! timelines? feedback? actions? Works crews - protocols? professionalism?courtesy? need proper briefings!

9/5/2016 11:26 AM

2 I live on the Council border so I am unaware of any roads. 9/5/2016 11:13 AM

3 A road is an access point to property, whether there is one occupied property on that road or 10. Community seethat as a requirement of the council to maintain especially now that it has been highlighted In the evalution of whatthe people want.

8/30/2016 11:06 PM

4 . 8/30/2016 4:30 PM

5 No I would not like to see roads closed as most farmers use them for stock movement. $2m spent on grading andmaintenance I believe is not too much out of $20m budget. Roads turn to dust if graded in summer. The rateburden is too high now. I think we could cut the budget in other areas. We have seen a big cut in road grading inthe last few years.

8/30/2016 10:48 AM

6 Not aware of any roads that would suit this description. 8/22/2016 10:06 PM

7 we believe Dundas street, should be gravelled all the way through thank you 8/18/2016 1:13 PM

8 Turn off from roads into rural properties for ambulances. 8/17/2016 6:42 PM

9 / 9

Gravel Roads


PYRENEES PLANNING SCHEME

AMENDMENT C42

EXPLANATORY REPORT

Who is the planning authority?

This Amendment has been prepared by the Pyrenees Shire Council, which is the planning authority for this Amendment.

The Amendment has been made at the request of the Pyrenees Shire Council.

Land affected by the Amendment

The Amendment applies to Lot 1 TP224714W Part CA, 14 Section J, Parish of Glenmona (6.738 hectares) on the east side of Sueys Lane, Avoca.

What the amendment does

The Amendment proposes to:

Rezone the land known as Lot 1 TP224714W Part CA, 14 Section J, Parish Glenmona from Farming Zone to Industrial 1 Zone.

Strategic assessment of the Amendment

Why is the Amendment required?

The Avoca Township Structure Plan 2005 identified an Industrial Precinct in the north east of the Township and sought to ‘secure land for future northward expansion of the industrial area’ and rezone to Industrial 1 Zone as required.

Amendment C13, approved on 14th July 2005, implemented findings from the Structure Plan

by rezoning land on the corner of Rowe Street and Sueys Lane from Rural Zone to Industrial 1 Zone. This land became the Avoca Industrial Estate, which was then subject to a three-stage subdivision initiated by Council to create serviced industrial lots.

Stages 1 (4 lots) and Stage 2 (7 lots) have been fully sold, while Stage 3 (24 lots) has 3 lots remaining as of February 2016.

On the basis of successful uptake and development of industrial land in Avoca, and to ensure Council strategically supports economic development across the Shire, Council

prepared a document titled ‘Review of the Avoca Township Structure Plan’, in November 2012.

The Review, which was adopted by Council at its meeting on 16th July 2013, identified that

supply of industrial land must be maintained in order to promote and co-ordinate further industrial and employment-based development within the town.

Page 10 (paragraph 3) of the Review identifies a parcel of land ‘to the immediate east of the existing industrial estate’ as an area of land ‘well suited to future industrial use, can be provided with essential utility services (including water supply and high voltage electricity supply) and is well drained. This area is capable of being developed as a contiguous extension of the existing industrial estate without impacting to any significant degree on residential amenity or other environmental values’.

The Review noted that this potential development site would satisfy demand for additional service industrial land in the short to medium term.

The land identified in the Review for potential industrial development, which is the only land proposed for rezoning in this Amendment, is known as Lot 1 TP224714W Part CA, 14 Section J, Parish of Glenmona. It is currently zoned Farming and has an area of 6.7 hectares. It is located immediately east of the existing Avoca Industrial Estate, and is not used for agricultural purposes

Land to the immediate east and north of the site is also zoned Farming, with limited agricultural activity being undertaken due to the small lot sizes and land fragmentation.

Council has carefully considered the loss of agricultural land under this Amendment and does not believe that the proposed rezoning will negatively affect agricultural production across the Shire. The subject land is a small farming parcel in an area with highly fragmented ownership, and due to its small size cannot support viable agricultural use.

The land’s proximity to servicing infrastructure and adjacency to the existing industrial estate make it an ideal site for further industrial development. If rezoned, Council believes the site has the capacity to create up to 25 industrial lots of varying sizes based on a preliminary (informal) subdivision layout. The development would be accessed by an extension of Rowe Street and via the construction of a new internal road network around the subdivision.

How does the Amendment implement the objectives of planning in Victoria?

The Amendment implements several objectives of planning in Victoria under section 4 of the Planning and Environment Act 1987 (the Act), in particular:

To provide for the fair, orderly, economic and sustainable use and development of land.

To enable the orderly provision and co-ordination of public utilities and other facilities for the benefit of the community.

To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria.

To balance the present and future interests of all Victorians.

Avoca contributes to the overall prosperity of communities within the Pyrenees Shire and Central Highlands region by providing opportunities for economic investment and growth through strategic land use change and development.

Council is responding proactively to changing economic conditions that are contributing to a steady uptake and development of its existing industrial estate in Avoca. By seeking to rezone additional IN1Z land, Council is enabling the continued, planned expansion of an industrial area in line with the findings of its strategic planning processes, which in turn will encourage an appropriate range of industrial land uses and development that can support further employment and social prosperity in Avoca and the surrounding region.

By directing industrial development to land adjacent to the existing industrial estate, Council is implementing a strategic approach to land use and management. This approach ensures

separation of land uses and also the intensification of land uses in appropriate locations. It also ensures that land supply, land servicing and environmental constraints are managed in a sustainable manner, and to the betterment of future residents of Avoca.

Council is satisfied that Amendment C42 has been prepared with due consideration to its commitments under section 4 of the Act.

How does the Amendment address any environmental, social and economic effects?

The Amendment is not expected to have any negative environmental or amenity impacts. It is bounded by the railway line to the south, the Avoca Industrial Estate to the west, cleared farmland to the north and heavily vegetated and flood prone land to the east and does not adjoin any residentially zoned land. The site contains some scattered native trees at the boundary of the site, which can be incorporated into a future subdivision. The proposed rezoning would complement the existing industrial estate to the west.

The Amendment is expected to have a positive economic effect on the community by providing additional land to capture business opportunities within Avoca, including value adding production, and to sustain employment opportunities within the town and wider district.

Land within the Industrial Estate in Avoca (on both sides of Rowe Street) have now been substantially taken up and there is no zoned or committed industrial land capable of meeting demands beyond the immediate short term.

Council’s economic consultants (Essential Economics Pty Ltd) have stressed the need for a ready supply of industrial land to be maintained, so as to promote and co-ordinate further industrial and other employment based development within the town.

Does the Amendment address relevant bushfire risk?

The land proposed for rezoning in this Amendment is predominately flat with a very moderate slope to its northeast corner. Owing to historical agricultural uses, the land is largely cleared of native vegetation, with the exception of scattered native trees towards the northeast and southeast corners of the site.

There are corridors of native vegetation within road reserves along the site’s western and northern boundaries, while Farming zoned land to the east, northeast and southeast of the site includes extensive tracts of native and non-native vegetation.

The Bushfire Management Overlay is not applied to the subject land, and it does not apply to vegetated properties to the east, northeast and southeast.

However, in preparing this Amendment, Council has considered the requirements of Clause 52.47, and is satisfied that a subdivision can be designed and constructed to mitigate fire risk and ensure community safety.

Access and egress points into the development will be from the east via Rowe Street (a continuation of the existing network), which is a safe route away from large tracts of vegetation. The subject site is within the area serviced by mains water, which will ensure appropriate water pressure is available during any fire emergency.

Council is also satisfied that lots within a future industrial estate can be made large enough to ensure buildings are appropriately cited to manage fire risk, particularly on those lots that would abut vegetated properties to the east and northeast.

Council will formally seek the views of the Country Fire Authority when it exhibits the Amendment.

Does the Amendment comply with the requirements of any Minister’s Direction applicable to the Amendment?

The Amendment complies with the following relevant Ministerial Directions:

Section 7(5) Direction – Form and content of planning schemes - The Amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under Section 7(5) of the Act.

Direction No. 11 – Strategic Assessment of Amendments - This direction seeks to ensure a comprehensive strategic evaluation of a planning scheme amendment. This Explanatory Report address the requirements outlined in this direction.

How does the Amendment support or implement the State Planning Policy Framework and any adopted State policy?

The Amendment supports key directions in the State Planning Policy Framework with respect to the provision of land supply for industry and employment in appropriate locations.

The objective of clause 11.02-1 Supply of urban land is to ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses. Key strategies include ensuring the ongoing provision of land and supporting infrastructure to support sustainable urban development and that sufficient land is available to meet forecast demand.

A further strategy includes maintaining an adequate supply of well-located land for industry (as well as energy and infrastructure).

The Amendment seeks provide additional industrial land and sufficient supply to support continuing business and employment growth within Avoca.

Clause 11.05 Regional development and in particular clause 11.05-1 Regional settlement networks seeks to promote the sustainable growth and development of regional Victoria through a network of settlements identified in the Regional Victoria Settlement Framework plan. The clause calls up the Central Highlands Regional Growth Plan, which sets out a number of principles and directions including: strengthening the region’s economy so that it is more diversified and resilient; encouraging greater economic self-sufficiency for the region; pursuing economic development opportunities based on the emerging and existing strengths of the region; and supporting growth through the development of employment opportunities in towns.

In particular, Councils are required to provide for appropriately located supplies of residential, commercial, and industrial land across a region, sufficient to meet community needs in accordance with the Central Highland Regional Growth Plan.

Avoca and its hinterland is identified as a key tourism precinct within the Plan. The Plan encourages the provision of local and regional services and to support sustainable growth.

Amendment C42 contributes to the implementation of these strategic directions. The Amendment is based on Council data, confirmed through the Review of the Avoca Township Structure Plan in 2012, that Avoca has experienced sustained industrial growth since the adoption of C13 in 2005 (which rezoned land that became the Avoca Industrial Estate).

Avoca is an important township within the Pyrenees Shire, and also within the Central Highlands sub-region. It is a growing community that provides educational, employment and social opportunities to a wider rural catchment within and outside the Shire, and Council is striving to ensure it continues to grow in a sustainable, planned manner.

A key component of this sustainable growth is to ensure Council provides opportunities for local investment and employment, so it can retain skilled labour and attract new families to the community.

Industrial enterprises are an important part of the economic mix in Pyrenees Shire, and Beaufort and Avoca are the only two townships within the Shire that support industrial (INZ) uses and development.

The Beaufort Industrial Estate, which is a small estate in Broadbent Court, is fully sold and new businesses are establishing operations and providing employment opportunities. Further growth is forecast with several permit applications recently approved allowing additional investment in this Estate.

The Beaufort Industrial Estate is the primary industrial precinct in Beaufort and with all land sold it is operating at near-capacity: this is placing pressure on Council to provide additional industrial land in its main townships. Council is committed to exploring other suitable locations for industrial investment in Beaufort as part of its planned Beaufort Structure Plan review in 2016-17, but until such time as that strategy is complete, Council will continue to direct industrial development to the Avoca Industrial Estate,

The Avoca Industrial Estate, which was created in 2005 under Amendment C13 and developed in three stages, is close to fully sold, and like Beaufort, most lots are developed for existing and new commercial enterprises. Council’s has one other small industrial area in Avoca – Olive Grove Road – but this is developed and used as Council’s works depot.

The two industrial estates – Beaufort and Avoca – are vital to the prosperity of the Shire as they provide local employment opportunities and add to the gross domestic product generated within Pyrenees Shire and the sub-region. Council is therefore very aware that it is operating at or just below capacity in its industrial sector, and must provide additional industrial land to meet market demand.

While the Regional Victoria Settlement Framework at Clause 11.05-1 of the Planning Scheme identifies Ararat, Maryborough and Ballarat as areas where sustainable development should be supported, Council must also ensure that is has a sufficient supply of land available to provide for industrial development.

In Council’s view, the provision of additional industrial land under Amendment C42 will advance the strategic directions of Clause 11.05-1. This will be achieved by enabling growth and expansion within the local economy, which in turn will strengthen economic ties to the larger settlements of Ballarat, Ararat and Maryborough.

Clause 13 Environmental Risks, in relation to noise abatement and air quality, is relevant and in this context the Amendment proposes the rezone land for future industrial use in a location which is away from sensitive uses. In addition, future industrial uses on the land would be subject to the threshold buffer distances required under clause 52.10 of the Planning Scheme (Uses with Adverse Amenity Potential).

Clause 17.02-1 Industrial land development seeks to ensure availability of land for industry. It requires Councils to identify land for industrial development in urban growth areas where there is good access for employees, freight and road transport, and where appropriate buffer areas can be provided between the proposed industrial land and nearby sensitive land uses.

In addition, the clause seeks to ensure an adequate supply of industrial land is provided in appropriate locations including sufficient stocks of large sites for strategic investment. Furthermore, industrial activity in industrial zones should be protected from the encroachment of unplanned commercial, residential and other sensitive uses which would adversely affect industry viability.

The subject site is located away from sensitive residential uses and abuts either farming, industrial and railway uses. The site is well positioned in terms of road access and to provide for local employment. The Avoca Structure Plan 2005 and the 2012 Review identifies longer term residential growth on the western side of Avoca, away from the existing Avoca Industrial Estate. Therefore, the extension of the industrial estate to the east, as proposed by this Amendment will not compromise long term residential expansion in Avoca.

How does the Amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement? Clause 21.05-2 identifies Avoca as the second largest town in the Shire with a population of over 1,000. It describes the Avoca as an attractive township with the potential to accommodate more residential and scope for the Industrial zoned areas to accommodate further development. Objectives of the clause include maintaining the town’s existing function as an important community and service centre for the surrounding farming community.

This Amendment seeks to meet the current, strong demand for serviced land within the Avoca Industrial Estate. By providing additional zoned land in an appropriate location, Council is encouraging further economic and social investment into Avoca, which will contribute to the town’s position as a key population and employment centre in the Shire. To this extent, Amendment C42 contributes to the implementation of these strategic directions contained in this Clause. Clause 21.03-1 Key Issues identifies the need to generate further employment opportunities. Clause 21.07 contains the Avoca Strategy Plan which identifies the Avoca Industrial Estate in the north east of the town. The Amendment is consistent with Clause 22.03 Environmental policies which seeks (among other things) to prevent inappropriate development from occurring in environmentally sensitive areas and areas which are subject to erosion, land slip or flooding hazards. The location of the subject site is not affected by environmental risks or sensitivities. The Amendment is consistent with the Policy at Clause 22.05 Employment policies which encourages the development of local employment opportunities and new industry. The additional 7 hectares of industrial land within Avoca will extend and support the existing Avoca Industrial Estate in a location that will not compromise future residential growth of the town.

Does the Amendment make proper use of the Victoria Planning Provisions?

The purpose of the Industrial 1 Zone is to “provide for the manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.” This zone is the most appropriate within the Victoria Planning Provisions as it allows for the subdivision, development and use industrial and other related commercial uses.

Clause 52.10 ‘Uses with Adverse Amenity Potential’ sets threshold distances for a range of industrial uses from residential areas. The clause seeks to ensure that uses with adverse amenity potential are appropriately designed and located to protect the safety and amenity of the neighbourhood.

Land in the Rural Living Zone is located approximately 340 metres to the southeast of the subject site, and land in the General Residential Zone is approximately 350 metres to the west of the site (immediately adjoining the existing Avoca Industrial Estate). Land between the subject site and those lands within the RLZ and GRZ is developed for industrial purposes.

Council has taken care to ensure future industrial growth in Avoca is appropriately located to provide adequate setback distances from sensitive land uses.

How does the Amendment address the views of any relevant agency?

During the preparation of this Amendment, Council sought feedback on the proposed rezoning from the Country Fire Authority, North Central Catchment Management Authority, VicRoads, Department of Environment, Land, Water and Planning, Environment Protection Authority and GWM Water. No responses were received from any agency.

Council will formally exhibit the Amendment (as Authorised) and will formally seek the views of these agencies.

Does the Amendment address relevant requirements of the Transport Integration Act 2010?

The Amendment does not impact on the objectives of the Transport Integration Act 2010. The Amendment supports the principle objectives of the Act including economic prosperity, social and economic inclusion, transport resource efficiency and environmental sustainability apply.

Resource and administrative costs

What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

The Amendment will not have any impacts on the administrative and resource costs to Council as the Planning Authority, beyond the assessment of planning permit applications regarding future subdivision and development of the land.

Where you may inspect this Amendment

The Amendment is available for public inspection, free of charge, during office hours at the following places:

Pyrenees Shire Council Municipal Offices 5 Lawrence Street, Beaufort And Pyrenees Shire Council Municipal Information Centre 122 High Street, Avoca

The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection.

http://www.dtpli.vic.gov.au/planning/planning-schemes/changing-the-planning-scheme/planning-documents-on-exhibition

S11. Instrument of Appointment and Authorisation September 2016 Update [628721: 17071841_1] page 1

Maddocks Delegations and Authorisations

S11. Instrument of Appointment and Authorisation

Pyrenees Shire Council

Instrument of Appointment and Authorisation

• [ABS] means Assistant Building Surveyor • [MBS] means Municipal Building Surveyor • [DA&DS] means Director of Assets and Development Services • [DC&CS] means Director Corporate and Community Services • [LLO] means Local Laws Officer • [MRS] means Manager Regulatory Services • [SP] means Statutory Planner • [CEO] means Chief Executive Officer • [MF] means Manager Finance • [EHO] means Environmental Health Officer • [MFPO] means Municipal Fire Prevention Officer • [E&SO means Environment and Sustainability Officer • [MME] means Manager Municipal Engineering • [MGC&R]means Manager Governance, Culture and Risk • [MW] means Manager Works • [MA] means Manager Assets • [Valuer] means Council Valuer

September 2016


Instrument of Appointment and Authorisation In this instrument "officer" means -

ABS - Kenton Robinson MBS - Neil Povey DA&DS - Douglas Gowans DC&CS - Evan King LLO - Julian Collins, Gina Angus, Jillian Szymanski MRS - Shannon Meadows SP - Matthew Novacevski, Helen Swadling CEO - Jim Nolan MF - Paul Brumby EHO - Alex Serrurier, Ken Jones, William Fiddler MFPO - Ernie Welsh E&SO - Terry McAlice MME - Robert Ladd MGC&R - Martin Walmsley MW - Phillip Hoare MA - Robert Rowe Valuer - Chris Barrett (VRC Property)

By this instrument of appointment and authorisation Pyrenees Shire Council -

PART A

1. under section 224 of the Local Government Act 1989 - appoints the officers to be authorised officers for the administration and enforcement of -

the Building Act 1993 [MRS, MBS, ABS, EHO] the Country Fire Authority Act 1958 [MFPO, MGC&R, MME, E&SO] the Domestic Animals Act 1994 [LLO, EHO, MRS] the Emergency Management Act 1986 [DA&DS, MW, MA] the Environment Protection Act 1970 [CEO, DA&DS, EHO, MRS,SP, LLO] the Fire Services Property Levy Act 2012 [DC&CS, MF] the Food Act 1984 [EHO, MRS] the Graffiti Prevention Act 2007 [MBS, ABS, EHO, LLO] the Housing Act 1983 [EHO, MBS, ABS] the Impounding of Livestock Act 1994 [LLO, MRS] the Land Act 1958 [CEO, DC&CS, DA&DS] the Local Government Act 1989 [CEO, DA&DS, DC&CS, MRS, EHO, MBS, LLO, ABS] the Metropolitan Fire Brigades Act 1958 [MFPO, MGC&R, MME, E&SO] the Public Health and Wellbeing Act 20081 [EHO, MRS] Part 14 of the Residential Tenancies Act 1997 [EHO, MRS] the Road Management Act 2004 [DA&DS, MW, MME] the Road Safety Act 1986 [LLO] the Sex Work Act 1994 [MRS] the Summary Offences Act 1966 [DA&DS, MRS, EHO, LLO] the Tobacco Act 19872 [EHO, MRS] the Valuation of Land Act 1960 [Valuer] the regulations made under each of those Acts the local laws made under the Local Government Act 1989

1 Council only to appoint a person suitably qualified or trained under section 31(2). 2 This Act provides for the CEO of a council to nominate a person to be an inspector for the purposes of the Act and the Secretary may then appoint them to be an inspector (see section 36). An environmental health officer appointed under the Public Health and Wellbeing Act 2008 is also regarded as an inspector under this Act.


and any other Act, regulation or local law which relates to the functions and powers of the Council;

PART B 1. under section 3 of the Building Act 1993 (Building Act), appoints the officer to be Municipal

Building Surveyor for the purposes of the Building Act 1993.

AND

2. under section 228(2) of the Building Act 1993 authorises the officers to exercise the powers of authorised persons under Division 2 of Part 13 of the Building Act 1993. [MBS, ABS, EHO, MRS]

3. under section 96A(1)(a) of the Country Fire Authority Act 1958 – appoints the officer to be the fire prevention officer.

[MFPO, MGC&R, MME, E&SO]

4. under section 72 of the Domestic Animals Act 1994 - appoints the officers to be authorised officers for the purposes of the Domestic Animals Act 1994.

[MRS, LLO, EHO]

5. under section 21 of the Emergency Management Act 1986 – appoints the officers to be Municipal Emergency Resource Officers.

[DA&DS, MW, MA]

6. under section 4(1) of the Environment Protection Act 1970 - appoints the officers to be litter enforcement officers for the purposes of the Environment Protection Act 1970.

[EHO, LLO, MRS]

7. under section 23 of the Fire Services Property Levy Act 2012 – appoints the officer to be authorised officers for the purposes of the Fire Services Property Levy Act 20123 . [DC&CS, MF]

8. for the purposes of 20 of the Food Act 1984 - appoints the officer to be an authorised officer for the purposes of the Food Act 1984

[EHO]

9. under section 19(1) of the Graffiti Prevention Act 2007 – appoints the officers to be authorised persons for the purposes of carrying out Council's functions under section 184

[LLO]

3 Persons appointed or authorised officers under the Local Government Act 1989 are taken to be authorised officers for the purposes of the Fire Services Property Levy Act 2012 (except in Part 4 of that Act) 4 Authorised person must agree in writing to exercise functions and powers of an authorised person under Part 4 of the Graffiti Prevention Act 2007 and in accordance with any performance criteria determined by Council (see section19(2)).


10. under section 71(1) of the Housing Act 1983 – appoints the officer to be an authorised person for the purposes of entering a house or building and conducting an inspection under section 71.

[MBS, ABS, EHO, LLO]

11. under section 190 of the Land Act 1958 – authorises the officers for the purposes of section 190 of that Act.5

[DA&DS, DC&CS, CEO]

12. under section 81Y of the Local Government Act 1989 – appoints the officer to be the Principal Conduct Officer .6

[DC&CS]

13. under section 5A(1)(a) of the Metropolitan Fire Brigades Act 1958 – appoints the officer to be the fire prevention officer for the purposes of the Metropolitan Fire Brigades Act 1958.

[MFPO, MGC&R, MME, E&SO]

14. under section 29 of the Public Health and Wellbeing Act 2008, - appoints the officer to be an Environmental Health Officer7 for the purposes of enforcing the Public Health and Wellbeing Act 2008 and the Food Act 1984.

[EHO]

AND

15. under section 147(1)(b)(i) of the Public Health and Wellbeing Act 2008, - authorises the officer to issue immunisation status certificates under section 148 of the Public Health and Wellbeing Act 2008.

[EHO]

16. under section 525(2) of the Residential Tenancies Act 1997 - appoints the officers to exercise the powers set out in section 526 of that Act.

[EHO]

17. under section 71(3) of the Road Management Act 2004 – appoints the officers to be authorised officers for the purposes of the Road Management Act 2004.

[DA&DS, MW, MME]

5 Authorisation requires the consent of the Minister (see section 190 of the Land Act 1958). 6 Only an 'eligible person' may be appointed (see the requirements in section 81Y of the Local Government Act 1989). 7 Council must be sure that the EHO is suitably trained or qualified under section 31(2) of the Public Health and Wellbeing Act 2008.


18. under section 59(1)(a)(ii) of the Road Safety Act 1986 – authorises the officers to exercise the powers under section 59(1)(a) of that Act.

[DA&DS, LLO]

AND

19. under section 59(1)(d) of the Road Safety Act 1986 – authorises the officers to exercise the powers under section 59(1)(d) of that Act.

[DA&DS, LLO]

AND

20. under section 87(1A) of the Road Safety Act 1986 – authorises the officer to exercise the power in section 87(1A) of that Act.8

[DA&DS, LLO]

AND

21. under section 87(1B)(c) of the Road Safety Act 1986 – authorises the officer to exercise the power in section 87(1B)(c).

[DA&DS, LLO]

AND/OR

22. under section 87(8) of the Road Safety Act 1986 – authorises the person#s who [##is##are] not ##a member##s of Council's staff for the purposes of section 87 of that Act.

[…….]

23. under regulation 84(c)(ii) of the Road Safety (General) Regulations 2009 – authorises the officers for the purposes of filing a charge or an offence under section 90E of the Road Safety Act 1986 or under a regulation under that Act.

[DA&DS, LLO]

24. under section 3(1) of the Sex Work Act 1994 - appoints the officer to be an authorised officer of the responsible authority for the purposes of enforcing Parts 4 and 5 of that Act.

[MRS]

25. under section 13DA(1) of the Valuation of Land Act 1960 – appoints Chris Barrett, VRC Property who is not a members of Council's staff for the purposes of section 13DA of that Act.9

[Valuer]

AND/OR

26. under section 13J of the Valuation of Land Act 1960 – appoints the person#s for the purposes of section 13J of that Act.10

8 Council must ensure that a person appointed under section 87 is competent, of good repute and character and has agreed in writing to exercise the functions conferred on an authorised person (see section 87(1C) 9 Council must ensure that the person appointed holds the qualifications or experience specified from time to time by the Minister by notice published in the Government Gazette. 10 Council must ensure that the person appointed holds the qualifications or experience specified from time to time by the Minister by notice published in the Government Gazette.


PART C

27. under - section 232 of the Local Government Act 198911

section 527 of the Residential Tenancies Act 1997 section 77(2)(b) of the Road Safety Act 198612 section 77(4) of the Road Safety Act 1986 sections 48A(9)(c) and 59(3)of the Environment Protection Act 1970

section 241 of the Building Act 1993 section 92 of the Domestic Animals Act 199413 section 96 of the Road Management Act 2004 section 33A of the Impounding of Livestock Act 1994

section 10(4) of the Graffiti Prevention Act 2007 section 219 of the Public Health and Wellbeing Act 2008

section 45AC of the Food Act 1984

authorises the officers generally to institute proceedings and represent Council in proceedings for offences against the Acts, regulations and local laws described in this instrument. It is declared that this Instrument -

(a) comes into force immediately upon its execution; (b) remains in force until varied or revoked.

11 A person authorised under section 232 of the Local Government Act 1989 is also authorised to bring proceedings under the Fire Services Property Levy Act 2012 (see section 22 of the Fire Services Property Levy Act 2012). 12 A person authorised under sections 77(2)(b) and/or 77(4) of the Road Safety Act 1986 is also an authorised officer for the purposes of rules 203 and 307 of the Road Safety Road Rules 2009. 13 Council may only appoint an authorised officer who is also appointed under section 72 of the Act.


This Instrument is authorised by a resolution of the Pyrenees Shire Council made on 19th September 2016. The Common Seal of the Pyrenees Shire Council was Here unto affixed in the presence of:

Councillor: …………………………………….. Chief Executive Officer………………………………………… Dated:…………………………………

2

Performance Statement For the year ended 30 June 2016

R17(1) BP

Description of municipality

Pyrenees Shire is located in the Central West of Victoria, about 130 kilometers North West of Melbourne. It is heavily dependent on primary industry and is renowned for its, wool, viticulture and forestry activity. Thirty percent of the workforce is involved in agriculture. Key areas of production are wool, cereal, hay crops and meat. Grape and wine production has recently expanded significantly. Gold, along with sand, gravel and slate all contribute to the economy. The Pyrenees Shire comprises an area of nearly 3,500 square kilometres and a population of 6,822 residents. The Shire takes its name from the ranges in the north that hold similarity to the Pyrenees Ranges in Europe. Council administration is based in the township of Beaufort, and a number of Council services also operate from the township of Avoca. These services include health and aged care, library and information centres. Excellent educational facilities are available in Pyrenees Shire, including integrated children’s centres, primary schools, a secondary college and Community Resource and Information Centres incorporating adult education and library services. Recreational activities are available in abundance in the region, giving community members and visitors wonderful opportunities to experience new pastimes. Most townships in the Shire have their own sporting facilities, such as football fields and netball courts. Avoca and Beaufort also have skate parks. Tourism is ever growing throughout the region. Hang-gliding from Mount Cole and the French game of Petanque in Avoca, attract large numbers of visitors year round. In recent years, the action sport of mountain bike riding has risen in popularity. In addition to the sporting opportunities, the Pyrenees is known for its wineries and culinary delights. Community markets are a popular attraction, as are the region’s antique fairs, picnic horse races and music festivals.

3

Sustainable Capacity Indicators For the year ended 30 June 2016

Results

Indicator / measure 2015 2016 Material Variations R15(3) Sch3

R16(1)

R17(2

Population

Expenses per head of municipal

population

[Total expenses / Municipal

Population]

$2,995.13 $2,779.24 Depreciation (a non-cash expense)

reduced by 17% as a result of changes in

road infrastructure asset valuations.

Infrastructure per head of municipal

population

[Value of infrastructure / Municipal

Population]

$40,148.16 $32,563.03 Council’s road infrastructure assets were

revalued downward by 21% during the

year as a result of a triennial revaluation

by an independent expert valuer.

Population density per length of road

[Municipal population / kilometres

of local roads]

3.41 3.47 With an area of 3,500 square kilometres

and a population of 6,822 the population

density of the Shire is low.

Own-source revenue

Own-source revenue per head of

municipal population

[Own-source revenue / Municipal

population]

$1,347.47 $1,436.68 Increase in own source revenue is due to 5.25% increase in rates and an 8.87% increase in services charges.

Recurrent grants

Recurrent grants per head of

municipal population

[Recurrent grants / Municipal

population]

$1,261.50 $492.67 In June 2015 Council received $2.5m of its

2015-16 Federal Assistance Grants in

advance which resulted in the 2015-16

recurrent grants being lower.

Disadvantage

Relative socio-economic

Disadvantage

[Index of Relative Socio-economic

Disadvantage by decile]

1.00 1.00 Pyrenees Shire Council SEIFA score of 1

demonstrates the level of socio economic

disadvantage experienced by the residents

of the Shire.

BP Definitions "adjusted underlying revenue" means total income other than: (a) non-recurrent grants used to fund capital expenditure; and (b) non-monetary asset contributions; and (c) contributions to fund capital expenditure from sources other than those referred to above

“infrastructure” means non-current property, plant and equipment excluding land "local road" means a sealed or unsealed road for which the council is the responsible road authority under the Road Management Act 2004 "population" means the resident population estimated by council "own-source revenue" means adjusted underlying revenue other than revenue that is not under the control of council (including government grants) "relative socio-economic disadvantage", in relation to a municipality, means the relative socio-economic disadvantage, expressed as a decile for the relevant financial year, of the area in which the municipality is located according to the Index of Relative Socio-Economic Disadvantage (Catalogue Number 2033.0.55.001) of SEIFA "SEIFA" means the Socio-Economic Indexes for Areas published from time to time by the Australian Bureau of Statistics on its Internet website

"unrestricted cash" means all cash and cash equivalents other than restricted cash.

4

Service Performance Indicators For the year ended 30 June 2016

Service / Indicator / measure Results

Material Variations 2015 2016

R15(1) Sch3

R16(1)

R17(2)

Aquatic facilities

Utilisation

Utilisation of aquatic facilities

[Number of visit to aquatic facilities /

Municipal population]

1.69 2.81 Utilisation of aquatic facilities has

increased due to favourable weather

conditions and increased usage by

the schools.

Animal management

Health and safety

Animal management prosecutions

[Number of successful animal management

prosecutions]

0.00 0.00 There were no animal management

prosecutions

Food safety

Health and safety

Critical and major non-compliance

notifications

[Number of critical non-compliance

notifications and major non-compliance

notifications about a food premises

followed up / Number of critical non-

compliance notifications and major non-

compliance notifications about food

premises] x100

100.00% 50.00% Of the small number of non-

compliance issues two of the four

were not followed up due to business

closure and operating circumstances.

Governance

Satisfaction

Satisfaction with council decisions

[Community satisfaction rating out of 100

with how council has performed in making

decisions in the interest of the community]

57.00 56.00 No material variations

Home and community care

Participation

Participation in HACC service

[Number of people that received a HACC

service / Municipal target population for

HACC services] x100

30.00% 26.75% Less people have chosen to take up

the service which may be driven by

other providers now providing

services in the region.

Participation

Participation in HACC service by CALD

people

[Number of CALD people who receive a

HACC services / Municipal target

population in relation to CALD people for

HACC services] x100

32.00% 34.85% Participation in HACC services by

CALD clients fluctuates with clients

moving in and out of the service.

5

Service / Indicator / measure Results

Material Variations 2015 2016

Libraries

Participation

Active library members

[Number of active library members /

Municipal population] x100

13.00% 10.80% The way the community uses the

library has changed, with borrowings

and active members decreasing while

visitations have increased.

Maternal and child health

Participation

Participation in the MCH service

[Number of children who attend the MCH

service at least once (in the year) / Number

of children enrolled in the MCH service]

x100

87.00% 86.63% No material variations

Participation

Participation in the MCH service by

Aboriginal children

[Aboriginal children who attend the MCH

service at least once (in the year) / Number

of Aboriginal children enrolled in the MCH

service] x100

100.00% 66.67% Low numbers of participants in this

service can create high variations

year on year

Roads

Satisfaction

Satisfaction with sealed local roads

[Community satisfaction rating out of 100

with how council has performed on the

condition of sealed local roads]

55.00 54.00

Statutory Planning

Decision making

Council planning decisions upheld at VCAT

[Number of VCAT decisions that did not set

aside council’s decision in relation to a

planning application / Number of VCAT

decisions in relation to planning

applications] x100

100.00% 0.00% There were no planning applications

decided by VCAT

Waste Collection

Waste diversion

Kerbside collection waste diverted from

landfill

[Weight of recyclables and green organics

collected from kerbside bins / Weight of

garbage, recyclables and green organics

collected from kerbside bins] x100

42.00% 38.61% Variance is due in the main to

increased waste volumes received.

6

Definitions "Aboriginal child" means a child who is an Aboriginal person "Aboriginal person" has the same meaning as in the Aboriginal Heritage Act 2006 "active library member" means a member of a library who has borrowed a book from the library

"annual report" means an annual report prepared by a council under sections 131, 132 and 133 of the Act “CALD” means culturally and linguistically diverse and refers to persons born outside Australia in a country whose national language is not English “class 1 food premises” means food premises, within the meaning of the Food Act 1984, that have been declared as class 1 food premises under section 19C of that Act “class 2 food premises” means food premises, within the meaning of the Food Act 1984 , that have been declared as class 2 food premises under section 19C of that Act "Community Care Common Standards "means the Community Care Common Standards for the delivery of HACC services, published from time to time by the Commonwealth "critical non-compliance outcome notification" means a notification received by council under section 19N(3) or (4) of the Food Act 1984 , or advice given to council by an authorized officer under that Act, of a deficiency that poses an immediate serious threat to public health "food premises" has the same meaning as in the Food Act 1984 "HACC program" means the Home and Community Care program established under the Agreement entered into for the purpose of the Home and Community Care Act 1985 of the Commonwealth "HACC service" means home help, personal care or community respite provided under the HACC program "local road" means a sealed or unsealed road for which the council is the responsible road authority under the Road Management Act 2004 "major non-compliance outcome notification" means a notification received by a council under section 19N(3) or (4) of the Food Act 1984, or advice given to council by an authorized officer under that Act, of a deficiency that does not pose an immediate serious threat to public health but may do so if no remedial action is taken "MCH" means the Maternal and Child Health Service provided by a council to support the health and development of children within the municipality from birth until school age "population" means the resident population estimated by council "target population" has the same meaning as in the Agreement entered into for the purposes of the Home and Community Care Act 1985 of the Commonwealth "WorkSafe reportable aquatic facility safety incident" means an incident relating to a council aquatic facility that is required to be notified to the Victorian WorkCover Authority under Part 5 of the Occupational Health and Safety Act 2004.

7

Financial Performance Indicators For the year ended 30 June 2016

Dimension/indicator/measure Results Forecasts Material Variations

2015 2016 2017 2018 2019 2020 R15(2) Sch3

R16(1) R16(2) R17(2) R17(3)

Efficiency Revenue level Average residential rate per residential property assessment [Residential rate revenue / Number of residential property assessments]

$842.49 $877.80 $931.77 $953.10 $974.73 $996.98 No material variations

Expenditure level Expenses per property assessment [Total expenses / Number of property assessments]

$3,579.28 $3,216.40 $3,387.00 $4,097.86 $4247.70 $3,629.98 Depreciation (a non-cash expense) reduced by 17% as a result of changes in road infrastructure asset valuations.

Workforce turnover

Resignations and terminations compared to

average staff [Number of permanent staff resignations and terminations / Average number of permanent staff for the financial year] x100

12.24% 8.20% 8.20% 8.20% 8.20% 8.20% Low staff turnover reflects a stable workforce.

Liquidity Working capital Current assets compared to current liabilities

[Current assets / Current liabilities] x100

232.86% 197.02% 135.31% 140.93% 140.81% 140.64% In June 2015 Council received $2.5m of its 2015-16 Federal Assistance Grants in advance which inflated the current assets at 30 June 2015 and this ratio.

Unrestricted cash Unrestricted cash compared to current liabilities [Unrestricted cash / Current liabilities] x100

140.54% 87.75% 40.88% 49.88% 49.49% 49.12% In June 2015 Council received $2.5m of its 2015-16 Federal Assistances Grants in advance which inflated the current assets at 30 June 2015 and this ratio.

8

Dimension/indicator/measure Results Forecasts Material Variations

2015 2016 2017 2018 2019 2020 Obligations Asset renewal Asset renewal compared to depreciation [Asset renewal expenses / Asset depreciation] x100

61.69% 60.25% 94.15% 78.78% 61.77% 67.40% The amount of asset renewal undertaken in any year is dependent on the level of Government funding.

Loans and borrowings

Loans and borrowings compared to rates [Interest bearing loans and borrowings / Rate revenue] x100

15.15% 5.76% 0.00% 0.00% 0.00% 0.00% Variation is due to Council’s policy to eliminate debt.

Loans and borrowings repayments compared to

rates [Interest and principal repayments on interest bearing loans and borrowings / rate revenue] x100


Indebtedness Non-current liabilities compared to own source revenue [Non-current liabilities / Own source revenue] x100


Operating position Adjusted underlying result

Adjusted underlying surplus (deficit) [Adjusted underlying surplus (deficit)/ Adjusted underlying revenue] x100

-10.53%

-39.98%

-21.02%

-17.20%

-19.38%

-22.97%

In June 2015 Council received $2.5m of its 2015-16 Federal Assistance Grants in advance which reduced the underlying deficit in 2014-15.

Stability Rates concentration Rates compared to adjusted underlying revenue [Rate revenue / adjusted underlying revenue] x100

43.18% 64.29% 54.65% 44.82% 45.15% 55.80% In June 2015 Council received $2.5m of its 2015-16 Federal Assistance Grants in advance which inflated the current assets at 30 June 2015 and this ratio.

Rates effort Rates compared to property values [Rate revenue / Capital improved value of rateable properties in the municipality ] x100

0.52% 0.54% 0.56% 0.54% 0.55% 0.53%

9

BP Definitions "adjusted underlying revenue" means total income other than: (a) non-recurrent grants used to fund capital expenditure; and (b) non-monetary asset contributions;

and (c) contributions to fund capital expenditure from sources other than those referred to above "adjusted underlying surplus (or deficit)" means adjusted underlying revenue less total expenditure "asset renewal expenditure" means expenditure on an existing asset or on replacing an existing asset that returns the service capability of the asset to its original capability “current assets” has the same meaning as in the AAS "current liabilities" has the same meaning as in the AAS “non-current assets” means all assets other than current assets

"non-current liabilities" means all liabilities other than current liabilities “non-recurrent grant” means a grant obtained on the condition that it be expended in a specified manner and is not expected to be received again during the period covered by a council's Strategic Resource Plan "own-source revenue" means adjusted underlying revenue other than revenue that is not under the control of council (including government grants "population "means the resident population estimated by council “rate revenue” means revenue from general rates, municipal charges, service rates and service charges "recurrent grant "means a grant other than a non-recurrent grant "residential rates" means revenue from general rates, municipal charges, service rates and service charges levied on residential properties "restricted cash" means cash and cash equivalents, within the meaning of the AAS, that are not available for use other than for a purpose for which it is restricted, and includes cash to be used to fund capital works expenditure from the previous financial year "unrestricted cash" means all cash and cash equivalents other than restricted cash.

10

Other Information For the year ended 30 June 2016

BP 1. Basis of preparation Council is required to prepare and include a performance statement within its annual report. The performance statement includes the results of the prescribed sustainable capacity, service performance and financial performance indicators and measures together with a description of the municipal district and an explanation of material variations in the results. This statement has been prepared to meet the requirements of the Local Government Act 1989 and Local Government (Planning and Reporting) Regulations 2014. Where applicable the results in the performance statement have been prepared on accounting bases consistent with those reported in the Financial Statements. The other results are based on information drawn from council information systems or from third parties (e.g. Australian Bureau of Statistics). The performance statement presents the actual results for the current year and for the prescribed financial performance indicators and measures, the results forecast by the council’s strategic resource plan. The Local Government (Planning and Reporting) Regulations 2014 requires explanation of any material variations in the results contained in the performance statement.

Council has adopted materiality thresholds relevant to each indicator and measure and explanations have not been provided for variations below the materiality thresholds unless the variance is considered to be material because of its nature. The forecast figures included in the performance statement are those adopted by council in its strategic resource plan on 28 June 2016 and which forms part of the council plan. The strategic resource plan includes estimates based on key assumptions about the future that were relevant at the time of adoption and aimed at achieving sustainability over the long term. Detailed information on the actual financial results is contained in the General Purpose Financial Statements. The strategic resource plan can be obtained by contacting council.

11

Certification of the Performance Statement

R18(1) R18(2)

In my opinion, the accompanying performance statement has been prepared in accordance with the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014.

P Brumby B.Bus Principal Accounting Officer Dated:

In our opinion, the accompanying performance statement of the (council name) for the year ended 30 June 2016 presents fairly the results of council’s performance in accordance with the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014. The performance statement contains the relevant performance indicators, measures and results in relation to service performance, financial performance and sustainable capacity. At the date of signing, we are not aware of any circumstances that would render any particulars in the performance statement to be misleading or inaccurate. We have been authorised by the council and by the Local Government (Planning and Reporting) Regulations 2014 to certify this performance statement in its final form.

Michael O’Connor Councillor Dated:

Tanya Kehoe Councillor Dated:

Jim Nolan Chief Executive Officer Dated:

DATE OF NEXT REVIEW: September 2020 DATE ADOPTED: September 2016 RESPONSIBLE OFFICER: Manager Finance


Pyrenees Shire Council has the responsibility to provide its ratepayers with best value, with all services provided by Council meeting the expectations in terms of quality and cost. In providing this, all services need to be accessible, responsive to the needs of the community, considerate of the natural environment and subject to continuous improvement. To achieve the best over life outcome for Council’s expenditures, which meets quality and service expectations, there will be periodic review of services against best on offer in both the public and private sectors. All Council staff members are responsible for supporting best value principles in their normal day to day actions to ensure services are recognised by the community as delivering best value.

Signed JIM NOLAN Chief Executive Officer

Council Policy

Policy Name: Treasury Management Policy Policy No:

Treasury Management Policy Page 2 of 5

Introduction Treasury Management in a local government context is the process of managing the financial assets and debt obligations of Council. Purpose This policy guides Council in the management of surplus cash and the use of loans as a source of financing. Objective This objective of this policy is to ensure that Council makes treasury management decisions that maximise the net interest income of Council and ensure that Council funds are invested in accordance with the Local Government Act. Definitions Debt – obligation to repay money owed under a loan agreement Financing – how Council provides the money to pay for something Loan – money borrowed from a lending institution Income – revenue streams owned and controlled by Council Surplus Cash – cash above the level required to meet the day-to-day financial obligations of Council. Legislative direction Section 136 (1) of the Local Government Act 1989 (the Act) states that: “A Council must implement the principles of sound financial management.”

Section 143 of the Act sets out what investment products that a Council can invest money in.

The Banking Act 1959 defines “Approved Deposit Taking Institutions”. Guiding principles 1. The nature of debt

Debt is a financing option, not an income option.

Raising debt does not produce income. Additional debt does not allow a Council to acquire things that it could not otherwise afford. Debt merely allows Council to bring forward the timing of expenditure.

In instances where the interest rate paid on the debt is higher than the price inflation of the capital expenditure item that is being financed by that debt, where Council raises debt to finance capital expenditure the aggregate level of Council’s capital expenditure over time will be reduced by using debt financing. This is because the interest paid on the debt will consume a portion of the income that Council has available to finance capital expenditure.


2. Sound cash management

The banking business model dictates that at any point in time the interest rate charged by a bank to loan borrowers is always higher than the interest rate paid to depositors who invest cash with that bank.

Notwithstanding there will be some instances of where the fixed interest rate on a loan taken out several years ago is lower than the current term deposit investment interest rate with the same bank. At such time Council would be making a profit on the borrowed money that it currently has invested. However, that this situation is possible is not a sound reason for Council to engage in speculation on the change in long-term interest rates over time.

Given the banking business model, it is poor business for Council to hold high levels of invested surplus cash whilst simultaneously holding loan borrowing debt. This is because Council is essentially investing money that it has borrowed from the bank, and the interest rate on the debt will in the majority of cases be higher than the interest rate on the term deposit. In this situation Council has a net interest expense on the amount borrowed which could be avoided if Council paid out the debt with its surplus cash. The following table indicates that at every point during the past seven years Council has had more surplus cash invested that loan borrowings. It is absolutely certain that the net interest received by Council during this period would have been higher had Council not had any loan borrowings at all. This lost revenue represents income that Council could have invested in additional works and services.

In the majority of situations Council’s best investment option for surplus cash will be the reduction or elimination of debt.


3. Future loan raising

Given that debt financing only brings forward the timing of expenditure, under what circumstances would it make sense to borrow money? • Council will only borrow when it is faced with a cash flow deficiency. • Council will only borrow when all other financing options have been exhausted. • Borrowing to finance a project that is so large that it cannot be financed from

income in a single year. Loan borrowing could be used as a last resort to spread the cost of such a project over two or more years.

• Borrowing to finance expenditure that produces a cash return is one instance of a possible use of debt financing. (The development of residential or industrial land for resale is an example of expenditure that generates a cash return at a later date.) However, borrowing for such a purpose will only be used as a last resort in order to address a cash flow timing mismatch.

Given that debt does not allow Council to purchase additional things, rather it merely changes the timing of the purchase; under what circumstances would it not make sense for Council to borrow money? • Borrowing when Council has surplus cash invested is not prudent, for the reasons

outlined earlier. • Borrowing to finance operating expenditure. At this point Council’s problem is that

it is spending beyond the level of income that it generates, which is totally unsustainable. Borrowing in these circumstances will only exacerbate the situation and delay the addressing of the underlying problem.

• Borrowing to finance road infrastructure renewal, because this is recurrent capital expenditure. Council must invest in the renewal of its road infrastructure each and every year. If Council is unable to invest in this renewal expenditure at the long-term level required then it has a sustainability problem not an investment timing problem. Borrowing in these circumstances will only exacerbate the situation and delay the addressing of the underlying problem.

4. Types of loans

Council has traditionally raised loans over medium terms (three to seven years). At many points during the extended life of such a loan Council will have surplus cash to invest. In this instance Council will essentially be investing the borrowed money at a negative net interest rate which is not a prudent business decision. It is something akin to a private person simultaneously having a low interest rate term deposit investment and a high interest rate credit card debt. In the instances where Council needs to borrow because of a cash flow deficiency, first preference will be given to using a short-term loan facility such as a line of credit or an overdraft, rather than a fixed term loan. This will allow Council to utilise any surplus cash to offset the debt. By doing this Council’s interest rate on invested surplus cash is effectively the interest rate on the debt. 5. Investment Products

Section 143 of the Act sets out what investment products Council can invest money in. Notwithstanding the broad range of investment products available to it under the Act, Council will only invest surplus cash in at call accounts or term deposits with


Australian banks that are Approved Deposit Taking Institutions, as defined in the Banking Act 1959. 6. Investment Principles

When making an investment decision Council will take into account the following factors: Cash flow Term of investment Investment interest rates Credit rating of the bank that Council is investing with 7. Investment Register

The Assistant Accountant will maintain an Investment Register which contains complete details of each investment transaction and will be reconciled to Council’s general ledger at the end of each month. Treasury Management Policy Council’s treasury management policy is that it: • Recognises that debt does not allow Council to acquire things that it cannot

otherwise afford, it merely allows Council to bring forward the timing of expenditure.

• Utilises surplus cash to repay all debt at the first available opportunity. • Aims to maintain a debt-free status except in very exceptional circumstances. • Only borrows when it is faced with a cash flow deficiency. • Only borrows when all other financing options have been exhausted. • Only borrows to finance capital expenditure. • Only borrows to finance projects that produce a cash return, or projects that are so

expensive that they cannot be financed from income in a single year. • Utilises borrowing facilities that allow surplus cash to be offset against the debt,

thus keeping net interest expense to a minimum. • Repays any future borrowings expediently, preferably in the year following the

raising of the debt. • Invests surplus cash in at call accounts or term deposits with Australian banks. • Maintains an investment register.

Implementation The Manager Finance shall act and make recommendations to Council consistent with this policy. Review This policy shall be reviewed in four years from the date of adoption.

S6. Instrument of Delegation – Members of Staff September 2016 Update [628721: 15642520_1]

Maddocks Delegations and Authorisations

S6. Instrument of Delegation ─ Members of Staff


Instrument of Delegation

to

Members of Council Staff

September 2016 Update

S6. Instrument of Delegation – Members of Staff September 2016 Update [628721: 15642520_1] page 2

Instrument of Delegation In exercise of the power conferred by section 98(1) of the Local Government Act 1989 and the other legislation referred to in the attached Schedule, the Council:

1. delegates each duty and/or function and/or power described in column 1 of the Schedule (and summarised in column 2 of the Schedule) to the member of Council staff holding, acting in or performing the duties of the office or position described opposite each such duty and/or function and/or power in column 3 of the Schedule;

2. records that a reference in the Schedule are as follows:

AM means Asset Manager

MME means Manager Municipal Engineering

DC&CS means Director Corporate and Community Services

DA&DS means Director of Assets and Development Services

MFPO means Municipal Fire Prevention Officer

LLO means Local Laws Officer

MBS means Municipal Building Surveyor

ABS means Assistant Building Surveyor

MW means Manager of Works

MGC&R means Manager Governance, Culture and Risk

MF means Manager of Finance

CEO means Chief Executive Officer

SP means Statutory Planner

MRS means Manager Regulatory Services

declares that:

2.1 this Instrument of Delegation is authorised by a resolution of Council passed on 19th September 2016; and

2.2 the delegation:

2.2.1 comes into force immediately the common seal of Council is affixed to this Instrument of Delegation;

2.2.2 remains in force until varied or revoked;

2.2.3 is subject to any conditions and limitations set out in sub-paragraph 3.3, and the Schedule; and

2.2.4 must be exercised in accordance with any guidelines or policies which Council from time to time adopts; and


2.3 the delegate must not determine the issue, take the action or do the act or thing:

2.3.1 if the issue, action, act or thing is an issue, action or thing which Council has previously designated as an issue, action, act or thing which must be the subject of a Resolution of Council; or

2.3.2 if the determining of the issue, taking of the action or doing of the act or thing would or would be likely to involve a decision which is inconsistent with a

(a) policy; or

(b) strategy

adopted by Council; or

2.3.3 if the determining of the issue, the taking of the action or the doing of the act or thing cannot be the subject of a lawful delegation, whether on account of section 98(1)(a)-(f) (inclusive) of the Act or otherwise; or

2.3.4 the determining of the issue, the taking of the action or the doing of the act or thing is already the subject of an exclusive delegation to another member of Council staff.

The Common Seal of the Pyrenees Shire Council was Here unto affixed in the presence of:

Councillor: …………………………………….. Chief Executive Officer………………………………………… Dated:…………………………………


SCHEDULE


INDEX

CEMETERIES AND CREMATORIA ACT 2003 ...................................................................................... 6

DOMESTIC ANIMALS ACT 1994 ..........................................................................................................19

ENVIRONMENT PROTECTION ACT 1970 ...........................................................................................20

FOOD ACT 1984 ....................................................................................................................................21

HERITAGE ACT 1995 ............................................................................................................................25

PLANNING AND ENVIRONMENT ACT 1987 .......................................................................................26 RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 ..............................................................................50

RESIDENTIAL TENANCIES ACT 1997 ................................................................................................52

ROAD MANAGEMENT ACT 2004 ........................................................................................................54

PLANNING AND ENVIRONMENT REGULATIONS 2015 ....................................................................69

PLANNING AND ENVIRONMENT (FEES) INTERIM REGULATIONS 2015 .......................................70 RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2010 ..........................................................................................71

ROAD MANAGEMENT (GENERAL) REGULATIONS 2016 ................................................................74

ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2015 .........................76


CEMETERIES AND CREMATORIA ACT 2003 [##The provisions of this Act apply to Councils appointed as a cemetery trust under section 5 of this Act, and also apply to Councils appointed to manage a public cemetery under section 8(1)(a)(ii) as though it were a cemetery trust (see section 53)

Column 1 Column 2 Column 3 Column 4

PROVISION THING DELEGATED DELEGATE CONDITIONS & LIMITATIONS

s.8(1)(a)(ii) power to manage one or more public cemeteries Not applicable •

s.12(1) function to properly and efficiently manage and maintain each public cemetery for which responsible and carry out any other function conferred under this Act

Not applicable where council is a Class B cemetery trust

s.12(2) duty to have regard to the matters set out in paragraphs (a)-(c) in exercising its functions

Not Applicable where council is a Class B cemetery trust

s.12A(1) function to do the activities set out in paragraphs (a) – (n) Not Applicable where council is a Class A cemetery trust

s.12A(2) duty to have regard to matters set out in paragraphs (a)-(e) in exercising its functions

Not Applicable where council is a Class A cemetery trust

s.13 duty to do anything necessary or convenient to enable it to carry out its functions

Not Applicable

s.14 power to manage multiple public cemeteries as if they are one cemetery

Not Applicable

s.15(1) and (2) power to delegate powers or functions other than those listed

Not Applicable

s.15(4) duty to keep records of delegations Not Applicable

s.17(1) power to employ any persons necessary Not Applicable

s.17(2) power to engage any professional, technical or other assistance considered necessary

Not Applicable

s. 17(3) power to determine the terms and conditions of employment or engagement

Not Applicable subject to any guidelines or directions of the Secretary





s.18(3) duty to comply with a direction from the Secretary Not Applicable

s.18B(1) & (2) duty to establish governance committees within 12 months of becoming a Class A cemetery trust and power to establish other governance committees from time to time


s.18C power to determine the membership of the governance committee


s.18D power to determine procedure of governance committee Not Applicable where council is a Class A cemetery trust

s.18D(1)(a) duty to appoint community advisory committee for the purpose of liaising with communities


s.18D(1)(b) power to appoint any additional community advisory committees


s.18D(2) duty to establish a community advisory committee under section 18D(1)(a) within 12 months of becoming a Class A cemetery trust.


s.18D(3) duty to include a report on the activities of the community advisory committees in its report of operations under Part 7 of the Financial Management Act 1994


s.18F(2) duty to give preference to a person who is not a funeral director of a stonemason (or a similar position) when appointing a person to a community advisory committee


s.18H(1) duty to hold an annual meeting before 30 December in each calendar year, in accordance with section






s.18I duty to publish a public notice of annual meeting in a newspaper, a reasonable time before the date of the annual meeting


s.18J duty to provide leadership, assistance and advice in relation to operational and governance matters relating to cemeteries (including the matters set out in section 18J(2)


s.18L(1) duty to employ a person as the chief executive officer (by whatever title called) of the Class A cemetery trust


s.18N(1) duty to prepare an annual plan for each financial year that specifies the items set out in paragraphs (a)-(d)


s.18N(3) duty to give a copy of the proposed annual plan to the Secretary on or before 30 September each year for the Secretary's approval


s.18N(5) duty to make amendments as required by the Secretary and deliver the completed plan to the Secretary within 3 months


s.18N(7) duty to ensure that an approved annual plan is available to members of the public on request


s.18O(1) duty to prepare a strategic plan and submit the plan to the Secretary for approval


s.18O(4) duty to advise the Secretary if the trust wishes to exercise its functions in a manner inconsistent with its approved strategic plan






s.18O(5) duty to ensure that an approved strategic plan is available to members of the public on request


s.18Q(1) duty to pay an annual levy on gross earnings as reported in the annual financial statements for the previous financial year.


s.19 power to carry out or permit the carrying out of works Not Applicable

s.20(1) duty to set aside areas for the interment of human remains Not Applicable

s.20(2) power to set aside areas for the purposes of managing a public cemetery

Not Applicable

s.20(3) power to set aside areas for those things in paragraphs (a) – (e)

Not Applicable

s.24(2) power to apply to the Secretary for approval to alter the existing distribution of land

Not Applicable

s.36 power to grant licences to enter and use part of the land or building in a public cemetery in accordance with this section

Not Applicable subject to the approval of the Minister

s.37 power to grant leases over land in a public cemetery in accordance with this section

Not Applicable subject to the Minister approving the purpose

s.40 duty to notify Secretary of fees and charges fixed under section 39

Not Applicable





s.47 power to pay a contribution toward the cost of the construction and maintenance of any private street adjoining or abutting a cemetery

Not Applicable provided the street was constructed pursuant to the Local Government Act 1989

s.57(1) duty to submit a report to the Secretary every financial year in respect of powers and functions under the Act

Not Applicable report must contain the particulars listed in s.57(2)

s.59 duty to keep records for each public cemetery Not Applicable

s.60(1) duty to make information in records available to the public for historical or research purposes

Not Applicable

s.60(2) power to charge fees for providing information Not Applicable

s.64(4) duty to comply with a direction from the Secretary under section 64(3)

Not Applicable

s.64B(d) power to permit interments at a reopened cemetery Not Applicable

s.66(1) power to apply to the Minister for approval to convert the cemetery, or part of it, to a historic cemetery park

Not Applicable the application must include the requirements listed in s.66(2)(a)–(d)

s.69 duty to take reasonable steps to notify of conversion to historic cemetery park

Not Applicable

s.70(1) duty to prepare plan of existing places of interment and make a record of any inscriptions on memorials which are to be removed

Not Applicable

s.70(2) duty to make plans of existing place of interment available to the public

Not Applicable





s.71(1) power to remove any memorials or other structures in an area to which an approval to convert applies

Not Applicable

s.71(2) power to dispose of any memorial or other structure removed

Not Applicable

s.72(2) duty to comply with request received under section 72 Not Applicable

s.73(1) power to grant a right of interment Not Applicable

s.73(2) power to impose conditions on the right of interment Not Applicable

s.75 power to grant the rights of interment set out in subsections (a) and (b)

Not Applicable

s.76(3) duty to allocate a piece of interment if an unallocated right is granted

Not Applicable

s.77(4) power to authorise and impose terms and conditions on the removal of cremated human remains or body parts from the place of interment on application

Not Applicable

s.80(1) function of receiving notification and payment of transfer of right of interment

Not Applicable

s.80(2) function of recording transfer of right of interment Not Applicable

s.82(2) duty to pay refund on the surrender of an unexercised right of interment

Not Applicable

s.83(2) duty to pay refund on the surrender of an unexercised right of interment (sole holder)

Not Applicable





s.83(3) power to remove any memorial and grant another right of interment for a surrendered right of interment

Not Applicable

s.84(1) function of receiving notice of surrendering an entitlement to a right of interment

Not Applicable

s.85(1) duty to notify holder of 25 year right of interment of expiration at least 12 months before expiry

Not Applicable the notice must be in writing and contain the requirements listed in s.85(2)

s.85(2)(b) duty to notify holder of 25 year right of interment of expiration of right at least 12 months before expiry

Not Applicable does not apply where right of internment relates to remains of a deceased veteran.

85(2)(c) power to leave interred cremated remains undistributed in perpetuity and convert right of interment to perpetual right of internment or;

remove interred remains and re-inter at another location within cemetery grounds and remove any memorial at that place and re-establish at new or equivalent location.

Not Applicable may only be exercised where right of interment relates to cremated human remains of a deceased identified veteran, if right of internment is not extended or converted to a perpetual right of interment

s.86 power to remove and dispose of cremated human remains and remove any memorial if no action taken by right holder within time specified

Not Applicable

s.86(2) power to leave interred cremated human remains undisturbed or convert the right of internment to a perpetual right of interment

Not Applicable

s.86(3)(a) power to leave interred cremated human remains undisturbed in perpetuity and convert the right of interment to a perpetual right of interment

Not Applicable





s.86(3)(b) power to remove interred cremated human remains and take further action in accordance with s.86(3)(b)

Not Applicable

s.86(4) power to take action under s.86(4) relating to removing and re-interring cremated human remains

Not Applicable

s.86(5) duty to provide notification before taking action under s.86(4)

Not Applicable

s 86A duty to maintain place of interment and any memorial at place of interment, if action taken under s.86(3)

Not Applicable

s.87(3) duty, if requested, to extend the right for a further 25 years or convert the right to a perpetual right of interment

Not Applicable

s.88 function to receive applications to carry out a lift and re-position procedure at a place of interment

Not Applicable

s.91(1) power to cancel a right of interment in accordance with this section

Not Applicable

s.91(3) duty to publish notice of intention to cancel right of interment

Not Applicable

s.92 power to pay refund or grant a right of interment in respect of another place of interment to the previous holder of the cancelled right of interment

Not Applicable

s.98(1) function of receiving application to establish or alter a memorial or a place of interment

Not Applicable





s.99 power to approve or refuse an application made under section 98, or to cancel an approval

Not Applicable

s.99(4) duty to make a decision on an application under section 98 within 45 days after receipt of the application or within 45 days of receiving further information where requested

Not Applicable

s.100(1) power to require a person to remove memorials or places of interment

Not Applicable

s.100(2) power to remove and dispose a memorial or place of interment or remedy a person's failure to comply with section 100(1)

Not Applicable

s.100(3) power to recover costs of taking action under section 100(2)

Not Applicable

s.101 function of receiving applications to establish or alter a building for ceremonies in the cemetery

Not Applicable

s.102(1) power to approve or refuse an application under section 101, if satisfied of the matters in (b) and (c)

Not Applicable

s.102(2) & (3) power to set terms and conditions in respect of, or to cancel, an approval granted under section 102(1)

Not Applicable

s.103(1) power to require a person to remove a building for ceremonies

Not Applicable

s.103(2) power to remove and dispose of a building for ceremonies or remedy the failure to comply with section 103(1)

Not Applicable





s.103(3) power to recover costs of taking action under section 103(2)

Not Applicable

s.106(1) power to require the holder of the right of interment of the requirement to make the memorial or place of interment safe and proper or carry out specified repairs

Not Applicable

s.106(2) power to require the holder of the right of interment to provide for an examination

Not Applicable

s.106(3) power to open and examine the place of interment if section 106(2) not complied with

Not Applicable

s.106(4) power to repair or – with the approval of the Secretary - take down, remove and dispose any memorial or place of interment if notice under section 106(1) is not complied with

Not Applicable

s.107(1) power to require person responsible to make the building for ceremonies safe and proper or carry out specified repairs

Not Applicable

s.107(2) power to repair or take down, remove and dispose any building for ceremonies if notice under section 107(1) is not complied with

Not Applicable

s.108 power to recover costs and expenses Not Applicable

s.109(1)(a) power to open, examine and repair a place of interment Not Applicable where the holder of right of interment or responsible person cannot be found





s.109(1)(b) power to repaid a memorial or, with the Secretary's consent, take down, remove and dispose of a memorial

Not Applicable where the holder of right of interment or responsible person cannot be found

s.109(2) power to repair the building for ceremonies or, with the consent of the Secretary, take down, remove and dispose of a building for ceremonies

Not Applicable where the holder of right of interment or responsible person cannot be found

s.110(1) power to maintain, repair or restore a memorial or place of interment from other funds if unable to find right of interment holder. with consent of the Secretary

Not Applicable

s.110(2) power to maintain, repair or restore any building for ceremonies from other funds if unable to find responsible person and with consent of the Secretary

Not Applicable

s. 110A power to use cemetery trust funds or other funds for the purposes of establishing, maintaining, repairing or restoring any memorial or place of interment of any deceased identified veteran

Not Applicable

s.111 power to enter into agreement with a holder of the right of interment to maintain a memorial or place of interment

Not Applicable

s.112 power to sell and supply memorials Not Applicable

s.116(4) duty to notify the Secretary of an interment authorisation granted

Not Applicable

s.116(5) power to require an applicant to produce evidence of the right of interment holder's consent to application

Not Applicable





s.118 power to grant an interment authorisation if satisfied that the requirements of Division 2 of Part 8 have been met

Not Applicable

s.119 power to set terms and conditions for interment authorisations

Not Applicable

s.131 function of receiving an application for cremation authorisation

Not Applicable

s.133(1) duty not to grant a cremation authorisation unless satisfied that requirements of section 133 have been complied with

Not Applicable Subject to subsection (2)

s.145 duty to comply with an order made by the Magistrates' Court or a coroner

Not Applicable

s.146 power to dispose of bodily remains by a method other than interment or cremation

Not Applicable subject to the approval of the Secretary

s.147 power to apply to the Secretary for approval to dispose of bodily remains by a method other than interment or cremation

Not Applicable

s.149 duty to cease using method of disposal if approval revoked by the Secretary

Not Applicable

s.150 & 152(1) power to authorise the interment or cremation of body parts if the requirements of Division 1 of Part 11 are met

Not Applicable

s.151 function of receiving applications to inter or cremate body parts

Not Applicable





s.152(2) power to impose terms and conditions on authorisation granted under section 150.

Not Applicable

Schedule 1

clause 8(3)

power to permit members to participate in a particular meeting by telephone, closed-circuit television or any other means of communication

Not Applicable

Schedule 1

clause 8(8)

power to regulate own proceedings Not Applicable subject to clause 8

Schedule 1A

clause 8(3)

power to permit members to participate in a particular meeting by telephone, closed-circuit television or any other means of communication


Schedule 1A

clause 8(8)

power to regulate own proceedings Not Applicable where council is a Class A cemetery trust

subject to clause 8


DOMESTIC ANIMALS ACT 1994


PROVISION THING DELEGATED DELEGATE CONDITIONS AND LIMITATIONS

s.41A(1) power to declare a dog to be a menacing dog DA&DS, MRS,LLO

Council may delegate this power to an authorised officer


ENVIRONMENT PROTECTION ACT 1970



s.53M(3) power to require further information EHO

s.53M(4) duty to advise applicant that application is not to be dealt with EHO

s.53M(5) duty to approve plans, issue permit or refuse permit EHO refusal must be ratified by council or it is of no effect

s.53M(6) power to refuse to issue septic tank permit EHO refusal must be ratified by council or it is of no effect

s.53M(7) duty to refuse to issue a permit in circumstances in (a)-(c) EHO refusal must be ratified by council or it is of no effect


FOOD ACT 1984



s.19(2)(a) power to direct by written order that the food premises be put into a clean and sanitary condition

EHO If section 19(1) applies

s.19(2)(b) power to direct by written order that specified steps be taken to ensure that food prepared, sold or handled is safe and suitable


s.19(4)(a) power to direct that an order made under section 19(3)(a) or (b), (i) be affixed to a conspicuous part of the premises, and (ii) inform the public by notice in a published newspaper or otherwise


s.19(6)(a) duty to revoke any order under section 19 if satisfied that an order has been complied with


s.19(6)(b) duty to give written notice of revocation under section 19(6)(a) if satisfied that an order has been complied with


s.19AA(2) power to direct, by written order, that a person must take any of the actions described in (a)-(c).

EHO where council is the registration authority

s.19AA(4)(c) power to direct, in an order made under s.19AA(2) or a subsequent written order, that a person must ensure that any food or class of food is not removed from the premises

EHO Note: the power to direct the matters under s.19AA(4)(a) and (b) not capable of delegation and so such directions must be made by a Council resolution

s.19AA(7) duty to revoke order issued under s.19AA and give written notice of revocation, if satisfied that that order has been complied with


s.19CB(4)(b) power to request copy of records EHO where council is the registration authority

s.19E(1)(d) power to request a copy of the food safety program EHO where council is the registration authority


FOOD ACT 1984



s.19GB power to request proprietor to provide written details of the name, qualification or experience of the current food safety supervisor


s.19M(4)(a) & (5)

power to conduct a food safety audit and take actions where deficiencies are identified


s.19NA(1) power to request food safety audit reports EHO where council is the registration authority

s.19U(3) power to waive and vary the costs of a food safety audit if there are special circumstances

EHO

s.19UA power to charge fees for conducting a food safety assessment or inspection

EHO except for an assessment required by a declaration under section 19C or an inspection under sections 38B(1)(c) or 39.

s.19W power to direct a proprietor of a food premises to comply with any requirement under Part IIIB


s.19W(3)(a) power to direct a proprietor of a food premises to have staff at the premises undertake training or instruction


s.19W(3)(b) power to direct a proprietor of a food premises to have details of any staff training incorporated into the minimum records required to be kept or food safety program of the premises


--- power to register, renew or transfer registration EHO where council is the registration authority

refusal to grant/renew/transfer registration must be ratified by Council or the CEO (see section 58A(2))

s.38AA(5) power to (a) request further information; or (b) advise the proprietor that the premises must be registered if the premises are not exempt



FOOD ACT 1984



s.38AB(4) power to fix a fee for the receipt of a notification under section 38AA in accordance with a declaration under subsection (1)


s.38A(4) power to request a copy of a completed food safety program template


s.38B(1)(a) duty to assess the application and determine which class of food premises under section 19C the food premises belongs


s.38B(1)(b) duty to ensure proprietor has complied with requirements of section 38A


s.38B(2) duty to be satisfied of the matters in section 38B(2)(a)-(b) EHO where council is the registration authority

s.38D(1) duty to ensure compliance with the applicable provisions of section 38C and inspect the premises if required by section 39


s.38D(2) duty to be satisfied of the matters in section 38D(2)(a)-(d) EHO where council is the registration authority

s.38D(3) power to request copies of any audit reports EHO where council is the registration authority

s.38E(2) power to register the food premises on a conditional basis EHO where council is the registration authority;

not exceeding the prescribed time limit defined under subsection (5).

s.38E(4) duty to register the food premises when conditions are satisfied


s.38F(3)(b) power to require proprietor to comply with requirements of this Act



FOOD ACT 1984



s.39A power to register, renew or transfer food premises despite minor defects


only if satisfied of matters in subsections (2)(a)-(c)

s.40(2) power to incorporate the certificate of registration in one document with any certificate of registration under Part 6 of the Public Health and Wellbeing Act 2008

EHO

s.40C(2) power to grant or renew the registration of food premises for a period of less than 1 year


s.40D(1) power to suspend or revoke the registration of food premises EHO where council is the registration authority

s.43F(6) duty to be satisfied that registration requirements under Division 3 have been met prior to registering, transferring or renewing registration of a component of a food business


s.43F(7) power to register the components of the food business that meet requirements in Division 3 and power to refuse to register the components that do not meet the requirements


s.46(5) power to institute proceedings against another person where the offence was due to an act or default by that other person and where the first person charged could successfully defend a prosecution, without proceedings first being instituted against the person first charged



HERITAGE ACT 1995



s.84(2) power to sub-delegate Executive Director's functions DA&DS, MRS must obtain Executive Director's written consent first.


PLANNING AND ENVIRONMENT ACT 1987



s.4B power to prepare an amendment to the Victoria Planning Provisions

Not delegated if authorised by the Minister

s.4G function of receiving prescribed documents and a copy of the Victoria Planning Provisions from the Minister

MRS,SP

s.4H duty to make amendment to Victoria Planning Provisions available

MRS,SP

s.4I duty to keep Victoria Planning Provisions and other documents available

Not delegated

s.8A(2) power to prepare amendment to the planning scheme where the Minister has given consent under s.8A

Not delegated

s. 8A(3) power to apply to Minister to prepare an amendment to the planning scheme

Not delegated

s.8A(5) function of receiving notice of the Minister's decision MRS,SP

s.8A(7) power to prepare the amendment specified in the application without the Minister's authorisation if no response received after 10 business days

Not delegated

s.8B(2) power to apply to the Minister for authorisation to prepare an amendment to the planning scheme of an adjoining municipal district

Not delegated

s.12(3) power to carry out studies and do things to ensure proper use of land and consult with other persons to ensure co-ordination of planning scheme with these persons

MRS,SP





s 12A(1) duty to prepare a municipal strategic statement (including power to prepare a municipal strategic statement under section 19 of the Planning and Environment (Planning Schemes) Act 1996)

Not delegated

s.12B(1) duty to review planning scheme Not delegated

s.12B(2) duty to review planning scheme at direction of Minister Not delegated

s.12B(5) duty to report findings of review of planning scheme to Minister without delay

Not delegated

s.14 duties of a Responsible Authority as set out in subsections (a) to (d)

Not delegated

s.17(1) duty of giving copy amendment to the planning scheme MRS,SP

s.17(2) duty of giving copy s.173 agreement MRS,SP

s.17(3) duty of giving copy amendment, explanatory report and relevant documents to the Minister within 10 business days

MRS,SP

s.18 duty to make amendment etc. available MRS,SP

s.19 power to give notice, to decide not to give notice, to publish notice of amendment to a planning scheme and to exercise any other power under section 19 to a planning scheme

MRS,SP

s.19 function of receiving notice of preparation of an amendment to a planning scheme

MRS,SP where Council is not the planning authority and the amendment affects land within Council's municipal district; or

where the amendment will amend the planning scheme to designate Council as an acquiring authority.





s.20(1) power to apply to Minister for exemption from the requirements of section 19

Not delegated

s.21(2) duty to make submissions available MRS,SP

s.21A(4) duty to publish notice in accordance with section MRS,SP

s.22 duty to consider all submissions Not delegated

s.23(1)(b) duty to refer submissions which request a change to the amendment to a panel

Not delegated

s.23(2) power to refer to a panel submissions which do not require a change to the amendment

Not delegated

s.24 function to represent council and present a submission at a panel hearing (including a hearing referred to in section 96D)

MRS,SP

s.26(1) power to make report available for inspection Not delegated

s.26(2) duty to keep report of panel available for inspection MRS,SP

s.27(2) power to apply for exemption if panel's report not received Not delegated

s.28 duty to notify the Minister if abandoning an amendment MRS,SP Note: the power to make a decision to abandon an amendment cannot be delegated

s.30(4)(a) duty to say if amendment has lapsed MRS,SP

s.30(4)(b) duty to provide information in writing upon request MRS,SP

s.32(2) duty to give more notice if required MRS,SP

s.33(1) duty to give more notice of changes to an amendment MRS,SP





s.36(2) duty to give notice of approval of amendment MRS,SP

s.38(5) duty to give notice of revocation of an amendment MRS,SP

s.39 function of being a party to a proceeding commenced under section 39 and duty to comply with determination by VCAT

Not delegated

s.40(1) function of lodging copy of approved amendment MRS,SP

s.41 duty to make approved amendment available MRS,SP

s.42 duty to make copy of planning scheme available MRS,SP

s.46AS(ac) power to request the Growth Areas Authority to provide advice on any matter relating to land in Victoria or an objective of planning in Victoria

Not delegated

s.46GF duty to comply with directions issued by the Minister MRS

s.46GG duty to include a condition in a permit relating to matters set out in s.46GG(c) and (d)

MRS

s.46GH(1) power to require the payment of an amount of infrastructure levy to be secured to Council's satisfaction

DA&DS where council is a collecting agency

s.46GH(2) power to accept the provision of land, works, services or facilities in part or full satisfaction of the amount of infrastructure levy payable


s.46GH(3) duty to obtain the agreement of the relevant development agency or agencies specified in the approved infrastructure contributions plan before accepting the provision of land, works, services or facilities by the applicant






s.46GI(1) duty to keep proper accounts of any amount of infrastructure levy paid to it as a collecting agency or a development agency under part 2 of the Planning and Environment Act 1987

DA&DS must be done in accordance with Local Government Act 1989.

s.46GI(2) duty to forward to a development agency any part of an infrastructure levy paid to council which is imposed for plan preparation costs incurred by development agency or for carrying out of works, services or facilities on behalf of the development agency

DA&DS

s.46GI(3) duty to apply levy amount only in accordance with s.46GI(3) (a) and (b)

DA&DS

s46GI(4) power to refund any amount of infrastructure levy paid to it as a development agency under Part 2 of the Planning and Environment Act 1987 if satisfied that the development is not to proceed

DA&DS DA&DS

s.46GI(5) duty to take action described in s.46GI(5)(c) – (e) where s.46GI(5)(a) and (b) applies.

DA&DS

s.46GL power to recover any amount of infrastructure levy as a debt due to Council


s.46GM duty to prepare report and give a report to the Minister DA&DS where council is a collecting agency or development agency

s.46N(1) duty to include condition in permit regarding payment of development infrastructure levy

Not delegated





s.46N(2)(c) function of determining time and manner for receipt of development contributions levy

Not delegated

s.46N(2)(d) power to enter into an agreement with the applicant regarding payment of development infrastructure levy

Not delegated

s.46O(1)(a) & (2)(a)

power to ensure that community infrastructure levy is paid, or agreement is in place, prior to issuing building permit

MBS; ABS

s.46O(1)(d) & (2)(d)

power to enter into agreement with the applicant regarding payment of community infrastructure levy

Not applicable

s.46P(1) power to require payment of amount of levy under section 46N or section 46O to be satisfactorily secured

DA&DS

s.46P(2) power to accept provision of land, works, services or facilities in part or full payment of levy payable

Not delegated

s.46Q(1) duty to keep proper accounts of levies paid MRS,SP

s.46Q(1A) duty to forward to development agency part of levy imposed for carrying out works, services, or facilities on behalf of development agency or plan preparation costs incurred by a development agency

MF

s.46Q(2) duty to apply levy only for a purpose relating to the provision of plan preparation costs or the works, services and facilities in respect of which the levy was paid etc

Not delegated

s.46Q(3) power to refund any amount of levy paid if it is satisfied the development is not to proceed

Not delegated only applies when levy is paid to Council as a 'development agency'





s.46Q(4)(c) duty to pay amount to current owners of land in the area if an amount of levy has been paid to a municipal council as a development agency for plan preparation costs incurred by the council or for the provision by the council of works, services or facilities in an area under s.46Q(4)(a)

MF must be done within six months of the end of the period required by the development contributions plan and with the consent of, and in the manner approved by, the Minister

s.46Q(4)(d) duty to submit to the Minister an amendment to the approved development contributions plan

MRS,SP must be done in accordance with Part 3

s46Q(4)(e) duty to expend that amount on other works etc. DA&DS with the consent of, and in the manner approved by, the Minister

s.46QC power to recover any amount of levy payable under Part 3B DA&DS, MF

s.46QD duty to prepare report and give a report to the Minister DA&DS where council is a collecting agency or development agency

s.46V(3) duty to make a copy of the approved strategy plan (being the Melbourne Airport Environs Strategy Plan) and any documents lodged with it available

Not delegated

s.46Y duty to carry out works in conformity with the approved strategy plan

DA&DS, MRS,SP

s.47 power to decide that an application for a planning permit does not comply with that Act

MRS,SP

s.49(1) duty to keep a register of all applications for permits and determinations relating to permits

MRS,SP

s.49(2) duty to make register available for inspection MRS,SP





s.50(4) duty to amend application MRS,SP

s.50(5) power to refuse to amend application DA&DS

s.50(6) duty to make note of amendment to application in register MRS,SP

s.50A(1) power to make amendment to application MRS,SP

s.50A(3) power to require applicant to notify owner and make a declaration that notice has been given

MRS,SP

s.50A(4) duty to note amendment to application in register MRS,SP

s.51 duty to make copy of application available for inspection MRS,SP

s.52(1)(a) duty to give notice of the application to owners/occupiers of adjoining allotments unless satisfied that the grant of permit would not cause material detriment to any person

MRS,SP

s.52(1)(b) duty to give notice of the application to other municipal councils where appropriate

MRS,SP

s.52(1)(c) duty to give notice of the application to all persons required by the planning scheme

MRS,SP

s.52(1)(ca) duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if may result in breach of covenant

MRS,SP

s.52(1)(cb) duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if application is to remove or vary the covenant

MRS,SP





s.52(1)(d) duty to give notice of the application to other persons who may be detrimentally effected

MRS, SP

s.52(1AA) duty to give notice of an application to remove or vary a registered restrictive covenant

MRS, SP

s.52(3) power to give any further notice of an application where appropriate

MRS, SP

s.53(1) power to require the applicant to give notice under section 52(1) to persons specified by it

MRS, SP

s.53(1A) power to require the applicant to give the notice under section 52(1AA)

MRS, SP

s.54(1) power to require the applicant to provide more information MRS, SP

s.54(1A) duty to give notice in writing of information required under section 54(1)

MRS, SP

s.54(1B) duty to specify the lapse date for an application MRS, SP

s.54A(3) power to decide to extend time or refuse to extend time to give required information

MRS, SP

s.54A(4) duty to give written notice of decision to extend or refuse to extend time und section 54A(3)

MRS, SP

s.55(1) duty to give copy application, together with the prescribed information, to every referral authority specified in the planning scheme

MRS, SP

s.57(2A) power to reject objections considered made primarily for commercial advantage for the objector

Not delegated





s.57(3) function of receiving name and address of persons to whom notice of decision is to go

MRS, SP

s.57(5) duty to make available for inspection copy of all objections MRS, SP

s.57A(4) duty to amend application in accordance with applicant's request, subject to section 57A(5)

MRS, SP

s.57A(5) power to refuse to amend application MRS, SP

s.57A(6) duty to note amendments to application in register MRS, SP

s.57B(1) duty to determine whether and to whom notice should be given

MRS, SP

s.57B(2) duty to consider certain matters in determining whether notice should be given

MRS, SP

s.57C(1) duty to give copy of amended application to referral authority MRS, SP

s.58 duty to consider every application for a permit MRS, SP

s.58A power to request advice from the Planning Application Committee

Not applicable

s.60 duty to consider certain matters MRS, SP

s60(1A) duty to consider certain matters. MRS, SP

s.60(1B) duty to consider number of objectors in considering whether use or development may have significant social effect

DA&DS





s.61(1) power to determine permit application, either to decide to grant a permit, to decide to grant a permit with conditions or to refuse a permit application

Not delegated the permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006

s.61(2) duty to decide to refuse to grant a permit if a relevant determining referral authority objects to grant of permit

MRS, SP

s.61(2A) power to decide to refuse to grant a permit if a relevant recommending referral authority objects to the grant of permit

MRS, SP

s.61(3)(a) duty not to decide to grant a permit to use coastal Crown land without Minister’s consent

Not applicable

s.61(3)(b) duty to refuse to grant the permit without the Minister's consent

MRS, SP

s.61(4) duty to refuse to grant the permit if grant would authorise a breach of a registered restrictive covenant

MRS, SP

s.62(1) duty to include certain conditions in deciding to grant a permit MRS, SP

s.62(2) power to include other conditions MRS, SP

s.62(4) duty to ensure conditions are consistent with paragraphs (a),(b) and (c)

MRS, SP

s.62(5)(a) power to include a permit condition to implement an approved development contributions plan

MRS, SP

s.62(5)(b) power to include a permit condition that specified works be provided on or to the land or paid for in accordance with section 173 agreement

MRS, SP





s.62(5)(c) power to include a permit condition that specified works be provided or paid for by the applicant

MRS, SP

s.62(6)(a) duty not to include a permit condition requiring a person to pay an amount for or provide works except in accordance with section 62(5) or section 46N

MRS, SP

s.62(6)(b) duty not to include a permit condition requiring a person to pay an amount for or provide works except a condition that a planning scheme requires to be included as referred to in section 62(1)(a)

MRS, SP

s.63 duty to issue the permit where made a decision in favour of the application (if no one has objected)

MRS, SP

s.64(1) duty to give notice of decision to grant a permit to applicant and objectors

MRS, SP this provision applies also to a decision to grant an amendment to a permit - see section 75

s.64(3) duty not to issue a permit until after the specified period MRS, SP this provision applies also to a decision to grant an amendment to a permit - see section 75

s.64(5) duty to give each objector a copy of an exempt decision MRS, SP this provision applies also to a decision to grant an amendment to a permit - see section 75

s.64A duty not to issue permit until the end of a period when an application for review may be lodged with VCAT or until VCAT has determined the application, if a relevant recommending referral authority has objected to the grant of a permit

MRS, SP this provision applies also to a decision to grant an amendment to a permit - see section 75A

s.65(1) duty to give notice of refusal to grant permit to applicant and person who objected under section 57

MRS, SP





s.66(1) duty to give notice under section 64 or section 65 and copy permit to relevant determining referral authorities

MRS, SP

s.66(2) duty to give a recommending referral authority notice of its decision to grant a permit

MRS, SP if the recommending referral authority objected to the grant of the permit or the responsible authority decided not to include a condition on the permit recommended by the recommending referral authority

s.66(4) duty to give a recommending referral authority notice of its decision to refuse a permit

MRS, SP if the recommending referral authority objected to the grant of the permit or the recommending referral authority recommended that a permit condition be included on the permit

s.66(6) duty to give a recommending referral authority a copy of any permit which Council decides to grant and a copy of any notice given under section 64 or 65

MRS, SP if the recommending referral authority did not object to the grant of the permit or the recommending referral authority did not recommend a condition be included on the permit

s.69(1) function of receiving application for extension of time of permit MRS, SP

s.69(1A) function of receiving application for extension of time to complete development

MRS, SP

s.69(2) power to extend time MRS, SP

s.70 duty to make copy permit available for inspection MRS, SP

s.71(1) power to correct certain mistakes MRS, SP

s.71(2) duty to note corrections in register MRS, SP

s.73 power to decide to grant amendment subject to conditions MRS, SP

s.74 duty to issue amended permit to applicant if no objectors MRS, SP





s.76 duty to give applicant and objectors notice of decision to refuse to grant amendment to permit

MRS, SP

s.76A(1) duty to give relevant determining referral authorities copy of amended permit and copy of notice

MRS, SP

s.76A(2) duty to give a recommending referral authority notice of its decision to grant an amendment to a permit

MRS, SP if the recommending referral authority objected to the amendment of the permit or the responsible authority decided not to include a condition on the amended permit recommended by the recommending referral authority

s.76A(4) duty to give a recommending referral authority notice of its decision to refuse a permit

MRS, SP if the recommending referral authority objected to the amendment of the permit or the recommending referral authority recommended that a permit condition be included on the amended permit

s.76A(6) duty to give a recommending referral authority a copy of any amended permit which Council decides to grant and a copy of any notice given under section 64 or 76

MRS, SP if the recommending referral authority did not object to the amendment of the permit or the recommending referral authority did not recommend a condition be included on the amended permit

s.76D duty to comply with direction of Minister to issue amended permit

MRS, SP

s.83 function of being respondent to an appeal MRS, SP

s.83B duty to give or publish notice of application for review MRS, SP

s.84(1) power to decide on an application at any time after an appeal is lodged against failure to grant a permit

Not delegated

s.84(2) duty not to issue a permit or notice of decision or refusal after an application is made for review of a failure to grant a permit

MRS, SP





s.84(3) duty to tell principal registrar if decide to grant a permit after an application is made for review of its failure to grant a permit

MRS, SP

s.84(6) duty to issue permit on receipt of advice within 3 working days MRS, SP

s.86 duty to issue a permit at order of Tribunal within 3 working days

Not delegated

s.87(3) power to apply to VCAT for the cancellation or amendment of a permit

MRS, SP

s.90(1) function of being heard at hearing of request for cancellation or amendment of a permit

MRS, SP

s.91(2) duty to comply with the directions of VCAT MRS, SP

s.91(2A) duty to issue amended permit to owner if Tribunal so directs MRS, SP

s.92 duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under section 90

MRS, SP

s.93(2) duty to give notice of VCAT order to stop development MRS, SP

s.95(3) function of referring certain applications to the Minister MRS, SP

s.95(4) duty to comply with an order or direction DA&DS, MRS, SP

s.96(1) duty to obtain a permit from the Minister to use and develop its land

MRS, SP

s.96(2) function of giving consent to other persons to apply to the Minister for a permit to use and develop Council land

DA&DS





s.96A(2) power to agree to consider an application for permit concurrently with preparation of proposed amendment

Not delegated

s.96C power to give notice, to decide not to give notice, to publish notice and to exercise any other power under section 96C

Not delegated

s.96F duty to consider the panel's report under section 96E MRS, SP

s.96G(1) power to determine to recommend that a permit be granted or to refuse to recommend that a permit be granted and power to notify applicant of the determination (including power to give notice under section 23 of the Planning and Environment (Planning Schemes) Act 1996)

Not delegated

s.96H(3) power to give notice in compliance with Minister's direction MRS, SP

s.96J power to issue permit as directed by the Minister MRS, SP

s.96K duty to comply with direction of the Minister to give notice of refusal

MRS, SP

s. 96Z duty to keep levy certificates given to it under ss. 47 or 96A for no less than 5 years from receipt of the certificate

MRS

s.97C power to request Minister to decide the application Not delegated

s.97D(1) duty to comply with directions of Minister to supply any document or assistance relating to application

MRS, SP

s.97G(3) function of receiving from Minister copy of notice of refusal to grant permit or copy of any permit granted by the Minister

MRS, SP

s.97G(6) duty to make a copy of permits issued under section 97F available for inspection

MRS, SP





s.97L duty to include Ministerial decisions in a register kept under section 49

MRS, SP

s.97MH duty to provide information or assistance to the Planning Application Committee

Not applicable

s.97MI duty to contribute to the costs of the Planning Application Committee or subcommittee

Not applicable

s.97O duty to consider application and issue or refuse to issue certificate of compliance

Not delegated

s.97P(3) duty to comply with directions of VCAT following an application for review of a failure or refusal to issue a certificate

MRS, SP

s.97Q(2) function of being heard by VCAT at hearing of request for amendment or cancellation of certificate

MRS, SP

s.97Q(4) duty to comply with directions of VCAT MRS, SP

s.97R duty to keep register of all applications for certificate of compliance and related decisions

MRS, SP

s.98(1)&(2) function of receiving claim for compensation in certain circumstances

DA&DS

s.98(4) duty to inform any person of the name of the person from whom compensation can be claimed

DA&DS

s.101 function of receiving claim for expenses in conjunction with claim

DA&DS





s.103 power to reject a claim for compensation in certain circumstances

Not delegated

s.107(1) function of receiving claim for compensation DA&DS

s.107(3) power to agree to extend time for making claim DA&DS

s.114(1) power to apply to the VCAT for an enforcement order MRS, SP

s.117(1)(a) function of making a submission to the VCAT where objections are received

CEO

s.120(1) power to apply for an interim enforcement order where section 114 application has been made

DA&DS

s.123(1) power to carry out work required by enforcement order and recover costs

Not delegated

s.123(2) power to sell buildings, materials, etc salvaged in carrying out work under section 123(1)

Not delegated except Crown Land

s.129 function of recovering penalties MF

s.130(5) power to allow person served with an infringement notice further time

MF

s.149A(1) power to refer a matter to the VCAT for determination Not delegated

s.149A(1A) power to apply to VCAT for the determination of a matter relating to the interpretation of a s.173 agreement

Not delegated





s.156 duty to pay fees and allowances (including a payment to the Crown under subsection (2A)), and payment or reimbursement for reasonable costs and expenses incurred by the panel in carrying out its functions unless the Minister directs otherwise under subsection (2B)power to ask for contribution under subsection (3) and power to abandon amendment or part of it under subsection (4)

DA&DS, MRS, SP

where council is the relevant planning authority

s.171(2)(f) power to carry out studies and commission reports DA&DS, MRS, SP

s.171(2)(g) power to grant and reserve easements CEO, DA&DS

s.173 power to enter into agreement covering matters set out in section 174

CEO

--- power to decide whether something is to the satisfaction of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires something to be to the satisfaction of Council or Responsible Authority

MRS, SP

--- power to give consent on behalf of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires that something may not be done without the consent of Council or Responsible Authority

CEO

s.177(2) power to end a section 173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9

CEO, MRS, SP

s.178 power to amend a s.173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9

CEO





s.178A(1) function of receiving application to amend or end an agreement

MRS, SP

s.178A(3) function of notifying the owner as to whether it agrees in principle to the proposal under s.178A(1)

MRS, SP

s.178A(4) function of notifying the applicant and the owner as to whether it agrees in principle to the proposal

MRS, SP

s.178A(5) power to propose to amend or end an agreement MRS, SP

s.178B(1) duty to consider certain matters when considering proposal to amend an agreement

MRS, SP

s.178B(2) duty to consider certain matters when considering proposal to end an agreement

MRS, SP

s.178C(2) duty to give notice of the proposal to all parties to the agreement and other persons who may be detrimentally affected by decision to amend or end

MRS, SP

s.178C(4) function of determining how to give notice under s.178C(2) MRS, SP

s.178E(1) duty not to make decision until after 14 days after notice has been given

MRS, SP

s.178E(2)(a) power to amend or end the agreement in accordance with the proposal

MRS, SP If no objections are made under s.178D Must consider matters in s.178B

s.178E(2)(b) power to amend or end the agreement in a manner that is not substantively different from the proposal

MRS, SP If no objections are made under s.178D Must consider matters in s.178B





s.178E(2)(c) power to refuse to amend or end the agreement MRS, SP If no objections are made under s.178D Must consider matters in s.178B

s.178E(3)(a) power to amend or end the agreement in accordance with the proposal

MRS, SP After considering objections, submissions and matters in s.178B

s.178E(3)(b) power to amend or end the agreement in a manner that is not substantively different from the proposal


s.178E(3)(c) power to amend or end the agreement in a manner that is substantively different from the proposal


s.178E(3)(d) power to refuse to amend or end the agreement MRS, SP After considering objections, submissions and matters in s.178B

s.178F(1) duty to give notice of its decision under s.178E(3)(a) or (b) MRS, SP

s.178F(2) duty to give notice of its decision under s.178E(2)(c) or (3)(d) MRS, SP

s.178F(4) duty not to proceed to amend or end an agreement under s.178E until at least 21 days after notice has been given or until an application for review to the Tribunal has been determined or withdrawn

MRS, SP

s.178G duty to sign amended agreement and give copy to each other party to the agreement

MRS, SP

s.178H power to require a person who applies to amend or end an agreement to pay the costs of giving notices and preparing the amended agreement

MRS, SP





s.178I(3) duty to notify, in writing, each party to the agreement of the ending of the agreement relating to Crown land

MRS, SP

s.179(2) duty to make available for inspection copy agreement MRS, SP

s.181 duty to apply to the Registrar of Titles to record the agreement and to deliver a memorial to Registrar-General

MRS, SP

s.181(1A)(a) power to apply to the Registrar of Titles to record the agreement

MRS, SP

s.181(1A)(b) duty to apply to the Registrar of Titles, without delay, to record the agreement

MRS, SP

s.182 power to enforce an agreement Not delegated

s.183 duty to tell Registrar of Titles of ending/amendment of agreement

MRS, SP

s.184F(1) power to decide to amend or end an agreement at any time after an application for review of the failure of Council to make a decision

MRS, SP

s.184F(2) duty not to amend or end the agreement or give notice of the decision after an application is made to VCAT for review of a failure to amend or end an agreement

MRS, SP

s.184F(3) duty to inform the principal registrar if the responsible authority decides to amend or end an agreement after an application is made for the review of its failure to end or amend the agreement

MRS, SP





s.184F(5) function of receiving advice from the principal registrar that the agreement may be amended or ended in accordance with Council's decision

MRS, SP

s.184G(2) duty to comply with a direction of the Tribunal MRS, SP

s.184G(3) duty to give notice as directed by the Tribunal MRS, SP

s.198(1) function to receive application for planning certificate MRS, SP

s.199(1) duty to give planning certificate to applicant DA&DS, MRS, SP

s.201(1) function of receiving application for declaration of underlying zoning

MRS, SP

s.201(3) duty to make declaration DA&DS, MRS, SP

- power to decide, in relation to any planning scheme or permit, that a specified thing has or has not been done to the satisfaction of Council

Not delegated

power, in relation to any planning scheme or permit, to consent or refuse to consent to any matter which requires the consent or approval of Council

MRS, SP

power to approve any plan or any amendment to a plan or other document in accordance with a provision of a planning scheme or condition in a permit

MRS, SP

- power to give written authorisation in accordance with a provision of a planning scheme

MRS, SP

s.201UAB(1) function of providing the Growth Areas Authority with information relating to any land within municipal district

DA&DS, MRS, SP





s.201UAB(2) duty to provide the Growth Areas Authority with information requested under subsection (1) as soon as possible

DA&DS, MRS, SP


RAIL SAFETY (LOCAL OPERATIONS) ACT 2006



s.33 duty to comply with a direction of the Safety Director under this section

DA&DS where council is a utility under section 3

s.33A duty to comply with a direction of the Safety Director to give effect to arrangements under this section

DA&DS duty of council as a road authority under the Road Management Act 2004

s.34 duty to comply with a direction of the Safety Director to alter, demolish or take away works carried out contrary to a direction under section 33(1)

DA&DS where council is a utility under section 3

s.34C(2) function of entering into safety interface agreements with rail infrastructure manager

DA&DS where council is the relevant road authority

s.34D(1) function of working in conjunction with rail infrastructure manager in determining whether risks to safety need to be managed


s.34D(2) function of receiving written notice of opinion DA&DS where council is the relevant road authority

s.34D(4) function of entering into safety interface agreement with infrastructure manager


s.34E(1)(a) duty to identify and assess risks to safety DA&DS where council is the relevant road authority

s.34E(1)(b) duty to determine measures to manage any risks identified and assessed having regard to items set out in section 34E(2)(a)-(c)


s.34E(3) duty to seek to enter into a safety interface agreement with rail infrastructure manager


s.34F(1)(a) duty to identify and assess risks to safety, if written notice has been received under section 34D(2)(a)



RAIL SAFETY (LOCAL OPERATIONS) ACT 2006



s.34F(1)(b) duty to determine measures to manage any risks identified and assessed, if written notice has been received under section 34D(2)(a)


s.34F(2) duty to seek to enter into a safety interface agreement with rail infrastructure manager


s.34H power to identify and assess risks to safety as required under sections 34B, 34C, 34D, 34E or 34F in accordance with subsections (a)-(c)


s.34I function of entering into safety interface agreements DA&DS where council is the relevant road authority

s.34J(2) function of receiving notice from Safety Director DA&DS where council is the relevant road authority

s.34J(7) duty to comply with a direction of the Safety Director given under section 34J(5)


s.34K(2) duty to maintain a register of items set out in subsections (a)-(b)



RESIDENTIAL TENANCIES ACT 1997



s.142D function of receiving notice regarding an unregistered rooming house

DA&DS, LLO

s.142G(1) duty to enter required information in Rooming House Register for each rooming house in municipal district

DA&DS, LLO

s. 142G(2) power to enter certain information in the Rooming House Register

DA&DS, LLO

s.142I(2) power to amend or revoke an entry in the Rooming House Register if necessary to maintain the accuracy of the entry

DA&DS, LLO

s.252 power to give tenant a notice to vacate rented premises if subsection (1) applies

DA&DS, LLO where council is the landlord

s.262(1) power to give tenant a notice to vacate rented premises DA&DS, LLO where council is the landlord

s.262(3) power to publish its criteria for eligibility for the provision of housing by council

DA&DS, LLO

s.518F power to issue notice to caravan park regarding emergency management plan if determined that the plan does not comply with the requirements

DA&DS, EHO

s.522(1) power to give a compliance notice to a person DA&DS, LLO

s.525(2) power to authorise an officer to exercise powers in section 526 (either generally or in a particular case)

DA&DS, LLO

s.525(4) duty to issue identity card to authorised officers DA&DS

s.526(5) duty to keep record of entry by authorised officer under section 526

DA&DS, LLO


RESIDENTIAL TENANCIES ACT 1997



s.526A(3) function of receiving report of inspection DA&DS, LLO

s.527 power to authorise a person to institute proceedings (either generally or in a particular case)

DA&DS, LLO


ROAD MANAGEMENT ACT 2004



s.11(1) power to declare a road by publishing a notice in the Government Gazette

DA&DS obtain consent in circumstances specified in section 11(2)

s.11(8) power to name a road or change the name of a road by publishing notice in Government Gazette

DA&DS

s.11(9)(b) duty to advise Registrar DA&DS

s.11(10) duty to inform Secretary to Department of Environment, Land, Water and Planning of declaration etc.

DA&DS clause subject to section 11(10A)

s.11(10A) duty to inform Secretary to Department of Environment, Land, Water and Planning or nominated person

DA&DS where council is the coordinating road authority

s.12(2) power to discontinue road or part of a road DA&DS were council is the coordinating road authority

s.12(4) power to publish, and provide copy, notice of proposed discontinuance

DA&DS power of coordinating road authority where it is the discontinuing body

unless subsection (11) applies

s.12(5) duty to consider written submissions received within 28 days of notice

DA&DS duty of coordinating road authority where it is the discontinuing body


s.12(6) function of hearing a person in support of their written submission

DA&DS function of coordinating road authority where it is the discontinuing body


s.12(7) duty to fix day, time and place of meeting under subsection (6) and to give notice

DA&DS duty of coordinating road authority where it is the discontinuing body






s.12(10) duty to notify of decision made DA&DS duty of coordinating road authority where it is the discontinuing body

does not apply where an exemption is specified by the regulations or given by the Minister

s.13(1) power to fix a boundary of a road by publishing notice in Government Gazette

DA&DS power of coordinating road authority and obtain consent under section 13(3) and section 13(4) as appropriate

s.14(4) function of receiving notice from VicRoads DA&DS

s.14(7) power to appeal against decision of VicRoads CEO, DA&DS

s.15(1) power to enter into arrangement with another road authority, utility or a provider of public transport to transfer a road management function of the road authority to the other road authority, utility or provider of public transport

CEO, DA&DS

s.15(1A) power to enter into arrangement with a utility to transfer a road management function of the utility to the road authority

DA&DS, AM, MME

s.15(2) duty to include details of arrangement in public roads register DA&DS, AM, MME

s.16(7) power to enter into an arrangement under section 15 DA&DS

s.16(8) duty to enter details of determination in public roads register DA&DS, AM, MME

s.17(2) duty to register public road in public roads register DA&DS, AM, MME

where council is the coordinating road authority

s.17(3) power to decide that a road is reasonably required for general public use

DA&DS, AM, MME






s.17(3) duty to register a road reasonably required for general public use in public roads register

DA&DS, AM, MME


s.17(4) power to decide that a road is no longer reasonably required for general public use


s.17(4) duty to remove road no longer reasonably required for general public use from public roads register


s.18(1) power to designate ancillary area DA&DS where council is the coordinating road authority, and obtain consent in circumstances specified in section 18(2)

s.18(3) duty to record designation in public roads register DA&DS, AM, MME


s.19(1) duty to keep register of public roads in respect of which it is the coordinating road authority

DA&DS, AM, MME

s.19(4) duty to specify details of discontinuance in public roads register

DA&DS, AM, MME

s.19(5) duty to ensure public roads register is available for public inspection

DA&DS

s.21 function of replying to request for information or advice DA&DS, AM, MME

obtain consent in circumstances specified in section 11(2)

s.22(2) function of commenting on proposed direction DA&DS, AM, MME

s.22(4) duty to publish a copy or summary of any direction made under section 22 by the Minister in its annual report.

DA&DS, AM, MME





s.22(5) duty to give effect to a direction under this section. DA&DS, AM, MME

s.40(1) duty to inspect, maintain and repair a public road. DA&DS, AM, MME, MW

s.40(5) power to inspect, maintain and repair a road which is not a public road

DA&DS, AM, MME

s.41(1) power to determine the standard of construction, inspection, maintenance and repair

DA&DS, AM, MME

s.42(1) power to declare a public road as a controlled access road DA&DS, MME power of coordinating road authority and Schedule 2 also applies

s.42(2) power to amend or revoke declaration by notice published in Government Gazette

DA&DS power of coordinating road authority and Schedule 2 also applies

s.42A(3) duty to consult with VicRoads before road is specified DA&DS, AM, MME


if road is a municipal road or part thereof

s.42A(4) power to approve Minister's decision to specify a road as a specified freight road

DA&DS, AM, MME


if road is a municipal road or part thereof and where road is to be specified a freight road

s.48EA duty to notify the owner or occupier of land and provider of public transport on which rail infrastructure or rolling stock is located (and any relevant provider of public transport)

DA&DS, AM, MME

where council is the responsible road authority, infrastructure manager or works manager

s.48M(3) function of consulting with the Secretary for purposes of developing guidelines under section 48M

DA&DS





s.48N duty to notify the relevant authority of the location of the bus stopping point and the action taken by council

DA&DS

s.49 power to develop and publish a road management plan DA&DS

s.51 power to determine standards by incorporating the standards in a road management plan

DA&DS, MME, AM

s.53(2) power to cause notice to be published in Government Gazette of amendment etc of document in road management plan

DA&DS, AM, MME

s.54(2) duty to give notice of proposal to make a road management plan

DA&DS, AM, MME

s.54(5) duty to conduct a review of road management plan at prescribed intervals

DA&DS, AM, MME

s.54(6) power to amend road management plan DA&DS

s.54(7) duty to incorporate the amendments into the road management plan

DA&DS

s.55(1) duty to cause notice of road management plan to be published in Government Gazette and newspaper

DA&DS

s.63(1) power to consent to conduct of works on road DA&DS, AM, MME, MW


s.63(2)(e) power to conduct or to authorise the conduct of works in, on, under or over a road in an emergency

DA&DS, AM, MME, MW

where council is the infrastructure manager

s.64(1) duty to comply with clause 13 of Schedule 7 DA&DS, AM, MME, MW

where council is the infrastructure manager or works manager





s.66(1) power to consent to structure etc DA&DA, AM, MME, MW


s.67(2) function of receiving the name & address of the person responsible for distributing the sign or bill

DA&DS, AM, MME, MW


s.67(3) power to request information DA&DS, AM, MME, MW


s.68(2) power to request information DA&DS, AM, MME, MW


s.71(3) power to appoint an authorised officer DA&DS

s.72 duty to issue an identity card to each authorised officer DA&DS

s.85 function of receiving report from authorised officer DA&DS

s.86 duty to keep register re section 85 matters DA&DS, MME, MW

s.87(1) function of receiving complaints DA&DS

s.87(2) duty to investigate complaint and provide report DA&DS

s.112(2) power to recover damages in court DA&DS

s.116 power to cause or carry out inspection DA&DS, AM, MME, MW

s.119(2) function of consulting with VicRoads DA&DS, AM, MME, MW





s.120(1) power to exercise road management functions on an arterial road (with the consent of VicRoads)

DA&DS, MME, MW

s.120(2) duty to seek consent of VicRoads to exercise road management functions before exercising power in section 120(1)

DA&DS, MME, MW

s.121(1) power to enter into an agreement in respect of works DA&DS, MME, MW

s.122(1) power to charge and recover fees DA&DS

s.123(1) power to charge for any service DA&DS

Schedule 2 Clause 2(1)

power to make a decision in respect of controlled access roads

DA&DS, MME, MW


duty to make policy about controlled access roads DA&DS, MME, MW


power to amend, revoke or substitute policy about controlled access roads

DA&DS, MME, MW

Schedule 2 Clause 4

function of receiving details of proposal from VicRoads DA&DS, MME, MW

Schedule 2 Clause 5

duty to publish notice of declaration DA&DS, MME, MW

Schedule 7, Clause 7(1)

duty to give notice to relevant coordinating road authority of proposed installation of non-road infrastructure or related works on a road reserve

DA&DS, MME, MW







duty to give notice to any other infrastructure manager or works manager responsible for any non-road infrastructure in the area, that could be affected by any proposed installation of infrastructure or related works on a road or road reserve of any road

DA&DS, MME, MW



duty to comply with request for information from a coordinating road authority, an infrastructure manager or a works manager responsible for existing or proposed infrastructure in relation to the location of any non-road infrastructure and technical advice or assistance in conduct of works

DA&DS, MME, MW

where council is the infrastructure manager or works manager responsible for non-road infrastructure


duty to give information to another infrastructure manager or works manager where becomes aware any infrastructure or works are not in the location shown on records, appear to be in an unsafe condition or appear to need maintenance

DA&DS, MME, MW



where Schedule 7 Clause 10(1) applies, duty to, where possible, conduct appropriate consultation with persons likely to be significantly affected

DA&DS, MME, MW



power to direct infrastructure manager or works manager to conduct reinstatement works

DA&DS, MME, MW



power to take measures to ensure reinstatement works are completed

DA&DS, MME, MW



duty to ensure that works are conducted by an appropriately qualified person

DA&DS, MME, MW



power to recover costs DA&DS, MME, MW







duty to notify relevant coordinating road authority within 7 days that works have been completed, subject to Schedule 7, Clause 13(2)

DA&DS, MME, MW

where council is the works manager


power to vary notice period DA&DS, MME, MW



duty to ensure works manager has complied with obligation to give notice under Schedule 7, Clause 13(1)

DA&DS, MME, MW

where council is the infrastructure manager


power to consent to proposed works DA&DS, MME, MW



duty to consult DA&DS, MW where council is the coordinating road authority, responsible authority or infrastructure manager


power to consent to proposed works DA&DS, MME, MW



power to set reasonable conditions on consent DA&DS, MME, MW



power to include consents and conditions DA&DS, MME, MW



power to refuse to give consent and duty to give reasons for refusal

DA&DS, MME, MW



power to enter into an agreement DA&DS, MME, MW



power to give notice requiring rectification of works DA&DS, MME, MW






Schedule 7 Clause 19(2) & (3)

power to conduct the rectification works or engage a person to conduct the rectification works and power to recover costs incurred

DA&DS, MME, MW



power to require removal, relocation, replacement or upgrade of existing non-road infrastructure

DA&DS, MME, MW


Schedule 7A Clause 2

power to cause street lights to be installed on roads

DA&DS power of responsible road authority where it is the coordinating road authority or responsible road authority in respect of the road

Schedule 7A Clause 3(1)(d)

duty to pay installation and operation costs of street lighting - where road is not an arterial road

DA&DS where council is the responsible road authority

Schedule 7A Clause 3(1)(e)

duty to pay installation and operation costs of street lighting – where road is a service road on an arterial road and adjacent areas

DA&DS where council is the responsible road authority

Schedule 7A Clause (3)(1)(f),

duty to pay installation and percentage of operation costs of street lighting – for arterial roads in accordance with clauses 3(2) and 4

DA&DS duty of council as responsible road authority that installed the light (re: installation costs) and where council is relevant municipal council (re: operating costs)


CEMETERIES AND CREMATORIA REGULATIONS 2015 [##These provisions apply to Councils appointed as a cemetery trust under section 5 of the Cemeteries and Crematoria Act 2003, and also apply to Councils appointed to manage a public cemetery under section 8(1)(a)(ii) as though it were a cemetery trust (see section 53)

Column 1

Column 2

Column 3

Column 4

PROVISION

THING DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

r.24

duty to ensure that cemetery complies with depth of burial requirements

Not Applicable

r.25

duty to ensure that the cemetery complies with the requirements for interment in concrete-lined graves

Not Applicable

r.27

power to inspect any coffin, container or other receptacle if satisfied of the matters in paragraphs (a) and (b)

Not Applicable

r.28(1)

power to remove any fittings on any coffin, container or other receptacle if the fittings may impede the cremation process or damage the cremator

Not Applicable

r.28(2)

duty to ensure any fittings removed of are disposed in an appropriate manner

Not Applicable

r.29

power to dispose of any metal substance or non-human substance recovered from a cremator

Not Applicable

r.30(2)

power to release cremated human remains to certain persons

Not Applicable

subject to any order of a court



Column 1

Column 2

Column 3

Column 4

PROVISION

THING DELEGATED

DELEGATE


r.31(1) duty to make cremated human remains available for collection within 2 working days after the cremation

Not Applicable

r.31(2)

duty to hold cremated human remains for at least 12 months from the date of cremation

Not Applicable

r.31(3)

power to dispose of cremated human remains if no person gives a direction within 12 months of the date of cremation

Not Applicable

r.31(4)

duty to take reasonable steps notify relevant people of intention to dispose of remains at expiry of 12 month period

Not Applicable

r.32

duty to ensure a mausoleum is constructed in accordance with paragraphs (a)-(d)

Not Applicable

r.33(1)

duty to ensure that remains are interred in a coffin, container or receptacle in accordance with paragraphs (a)-(c)

Not Applicable

r.33(2)

duty to ensure that remains are interred in accordance with paragraphs (a)-(b)

Not Applicable

r.34

duty to ensure that a crypt space in a mausolea is sealed in accordance with paragraphs (a)-(b)

Not Applicable

r.36

duty to provide statement that alternative vendors or supplier of monuments exist

Not Applicable



Column 1

Column 2

Column 3

Column 4

PROVISION

THING DELEGATED

DELEGATE


r. 40 power to approve a person to play sport within a public cemetery

Not Applicable

r. 41(1)

power to approve fishing and bathing within a public cemetery

Not Applicable

r. 42(1)

power to approve hunting within a public cemetery Not Applicable

r. 43

power to approve camping within a public cemetery Not Applicable

r. 45(1)

power to approve the removal of plants within a public cemetery

Not Applicable

r.46

power to approve certain activities under the Regulations if satisfied of regulation (1)(a)-(c)

Not Applicable

r. 47(3)

power to approve the use of fire in a public cemetery Not Applicable

r.48(2)

power to approve a person to drive, ride or use a vehicle on any surface other than a road, track or parking area

Not Applicable

Note: Schedule 2 contains Model Rules – only applicable if the cemetery trust has not made its own cemetery trust rules

Schedule 2, clause 4

power to approve the carrying out of an activity referred to in rules 8, 16, 17 and 18 of Schedule 2

Not Applicable

see note above regarding model rules

Schedule 2, clause 5(1)

duty to display the hours during which pedestrian access is available to the cemetery

Not Applicable see note above regarding model rules

S6. Instrument of Delegation – Members of Staff June 2016 Update [628721: 15642520_1] page 67


Column 1

Column 2

Column 3

Column 4

PROVISION

THING DELEGATED

DELEGATE



duty to notify the Secretary of, (a) the hours during which pedestrian access is available to the cemetery; and (b) any changes to those hours



power to give directions regarding the manner in which a funeral is to be conducted



power to give directions regarding the dressing of places of interment and memorials



power to approve certain mementos on a memorial Not Applicable see note above regarding model rules


power to remove objects from a memorial or place of interment



duty to ensure objects removed under sub rule (1) are disposed of in an appropriate manner



power to inspect any work being carried out on memorials, places of interment and buildings for ceremonies



power to approve an animal to enter into or remain in a cemetery



power to approve construction and building within a cemetery



CEMETERIES AND CREMATORIA REGULATIONS 2015 [##These provisions apply to Councils appointed as a cemetery trust under section 5 of the Cemeteries and Crematoria Act 2003, and also apply to Councils appointed to manage a public cemetery under section 8(1)(a)(ii) as though it were a cemetery trust (see section 53) (Commenced 27 June 2015)

Column 1

Column 2

Column 3

Column 4

PROVISION

THING DELEGATED

DELEGATE



power to approve action to disturb or demolish property of the cemetery trust



power to approve digging or planting within a cemetery Not Applicable

see note above regarding model rules


PLANNING AND ENVIRONMENT REGULATIONS 2015



r. 6 function of receiving notice, under section 19(1)(c) of the Act, from a planning authority of its preparation of an amendment to a planning scheme

MRS, SP where Council is not the planning authority and the amendment affects land within its municipal district; or


r.21 power of responsible authority to require a permit applicant to verify information (by statutory declaration or other written confirmation satisfactory to the responsible authority) in an application for a permit or to amend a permit or any information provided under section 54 of the Act

MRS, SP

r.25(a) duty to make copy of matter considered under section 60(1A)(g) available for inspection free of charge

MRS where Council is the responsible authority

r.25(b)) function of receiving a copy of any document considered under section 60(1A)(g) by the responsible authority and duty to make the document available for inspection free of charge

MRS where Council is not the responsible authority but the relevant land is within Council's municipal district

r.42 function of receiving notice under section 96C(1)(c) of the Act from a planning authority of its preparation of a combined application for an amendment to a planning scheme and notice of a permit application

MRS where Council is not the planning authority and the amendment affects land within Council's municipal district; or



PLANNING AND ENVIRONMENT (FEES) INTERIM REGULATIONS 2015 Note: these Regulations expire on 14 October 2016



r.16 power to waive or rebate a fee other than a fee relating to an amendment to a planning scheme

CEO

r.17 power to waive or rebate a fee relating to an amendment of a planning scheme

CEO

r.18 duty to record matters taken into account and which formed the basis of a decision to waive or rebate a fee under r.16 or 17

CEO


RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2010



r.7 function of entering into a written agreement with a caravan park owner

EHO

r.11 function of receiving application for registration EHO

r.13(1) duty to grant the registration if satisfied that the caravan park complies with these regulations

EHO

r.13(2) duty to renew the registration if satisfied that the caravan park complies with these regulations

EHO

r.13(2) power to refuse to renew the registration if not satisfied that the caravan park complies with these regulations

EHO

r.13(4) & (5) duty to issue certificate of registration EHO

r.15(1) function of receiving notice of transfer of ownership EHO

r.15(3) power to determine where notice of transfer is displayed EHO

r.16(1) duty to transfer registration to new caravan park owner EHO

r.16(2) duty to issue a certificate of transfer of registration EHO

r.17(1) power to determine the fee to accompany applications for registration or applications for renewal of registration

EHO

r.18 duty to keep register of caravan parks EHO





r.19(4) power to determine where the emergency contact person's details are displayed

EHO

r.19(6) power to determine where certain information is displayed EHO

r.22A(1) duty to notify a caravan park owner of the relevant emergency services agencies for the caravan park, on the request of the caravan park owner

EHO

r.22A(2) duty to consult with relevant emergency services agencies EHO

r.23 power to determine places in which caravan park owner must display a copy of emergency procedures

EHO

r.24 power to determine places in which caravan park owner must display copy of public emergency warnings

EHO

r.25(3) duty to consult with relevant floodplain management authority EHO, MRS, SP

r.26 duty to have regard to any report of the relevant fire authority EHO, MFPO

r.28(c) power to approve system for the collection, removal and disposal of sewage and waste water from a movable dwelling

EHO

r.39 function of receiving notice of proposed installation of unregistrable movable dwelling or rigid annexe

EHO

r.39(b) power to require notice of proposal to install unregistrable movable dwelling or rigid annexe

EHO, MBS, ABS





r.40(4) function of receiving installation certificate EHO, MBS, ABS

r.42 power to approve use of a non-habitable structure as a dwelling or part of a dwelling

EHO, MBS, ABS

Schedule 3 clause 4(3)

power to approve the removal of wheels and axles from unregistrable movable dwelling

EHO, MBS, ABS


ROAD MANAGEMENT (GENERAL) REGULATIONS 2016



r.8(1) duty to conduct reviews of road management plan DA&DS

r.9(2) duty to produce written report of review of road management plan and make report available

DA&DS

r.9(3) Duty to give notice where road management review is completed and no amendments will be made (or no amendments for which notice is required)


r.10 duty to give notice of amendment which relates to standard of construction, inspection, maintenance or repair under section 41 of the Act

DA&DS

r.13(1) Duty to publish notice of amendments to road management plan


r.13(3) duty to record on road management plan the substance and date of effect of amendment

DA&DS

r.16(3) power to issue permit DA&DS, MME where council is the coordinating road authority

r.18(1) power to give written consent re damage to road DA&DS where council is the coordinating road authority

r.23(2) power to make submission to Tribunal DA&DS where council is the coordinating road authority

r.23(4) power to charge a fee for application under section 66(1) Road Management Act



ROAD MANAGEMENT (GENERAL) REGULATIONS 2016



r.25(1) power to remove objects, refuse, rubbish or other material deposited or left on road

DA&DS, MW, MME

where council is the responsible road authority

r.25(2) power to sell or dispose of things removed from road or part of road (after first complying with regulation 25(3)

DA&DS, MW, MME

where council is the responsible road authority

r.25(5) power to recover in the Magistrates' Court, expenses from person responsible

DA&DS


ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2015



r.15 power to exempt a person from requirement under clause 13(1) of Schedule 7 of the Act to give notice as to the completion of those works

DA&DS where council is the coordinating road authority and where consent given under section 63(1) of the Act

r.22(2) power to waive whole or part of fee in certain circumstances DA&DS where council is the coordinating road authority

FOR THE PERIOD

Finance Report

1 July 2015 to 30 June 2016

Current Budget YTD Budget YTD Actual Variance Forecast Var Carryovers Budget 16/17

$'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000

1 Leadership

Income (9207) (9207) (9253) 47 (9236) 30 (42) (11018)

Expenditure 3401 3401 3346 55 3316 85 45 3516

Net (5806) (5806) (5908) 102 (5921) 115 3 (7502)


$'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000

2 Community

Income (1357) (1357) (1507) 150 (1440) 83 (30) (1430)

Expenditure 3227 3227 2990 238 3336 (109) 370 2938

Net 1871 1871 1483 388 1896 (25) 340 1508


$'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000

3 Roads

Income (1040) (1040) (1015) (24) (1075) 35 21 (2063)

Expenditure 11250 11250 9401 1849 9862 1388 102 9984

Net 10211 10211 8386 1825 8787 1424 123 7921


$'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000

4 Commerce

Income (212) (212) (273) 61 (230) 18 (251)

Expenditure 1217 1217 1186 31 1266 (49) 19 1190

Net 1005 1005 913 92 1036 (31) 19 938


$'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000

5 Environment

Income (1362) (1362) (1449) 88 (1469) 107 (1372)

Expenditure 2205 2205 1944 261 2267 (62) 222 2033

Net 843 843 495 348 798 45 222 660

Total Income (13177) (13177) (13497) 320 (13451) 274 (51) (16134)

Total Expenditure 21301 21301 18866 2434 20047 1254 758 19660


$'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000

Operating Result 8124 8124 5369 2754 6596 1528 707 3525


$'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000

Capital

Income (4607) (4607) (4308) (300) (5136) 528 (4649)

Expenditure 8609 8609 6501 2108 9026 (217) 7498

Net 4002 4002 2193 1808 3890 311 2849


$'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000

Working Capital Result

Opening Balance - General 4721 4721 4721 4721

Opening Balance - B.F. Adjust C Park Debtor,

Bank Acc etc

Operating Result (8124) (8124) (5369) 2754 (6596) 1528 (707) (3525)

Capital Result (4002) (4002) (2193) 1808 (3890) 112 (2849)

Add Back Depreciation 8200 8200 6548 (1652) 6599 (1601) 6873

Less Snake Valley Sewerage Scheme Debtors (12) (12) (12) (12)

Add Back Bad & Doubtful Debts 2 2 2 2 1

Less Loan Redemption (478) (478) (778) (300) (778) (778) (500)

Closing Working Capital Result 320 320 2918 2599 46 39 (1497)

Less Carryover Adjustment - Operating (707)

Less Carryover Adjustment - Capital (1574)

Surplus 638

mailto:=@sum(Operating!H369:H382)

COA Description Current Budget YTD Budget YTD Actual YTD Variance Forecast CARRYOVER Budget 2016/17

KRA 1 Leadership

Communication

201005 Governance & Risk Exp Exp 260,676 260,676 230,880 29,796 227,043 0 235,904

201007 Corporate OH&S Exp Exp 5,000 5,000 10,004 (5,004) 7,000 0 4,000

201505 Communications Exp Exp 100,430 100,430 78,257 22,173 85,930 0 86,376

Communication Total 366,106 366,106 319,141 46,965 319,973 0 326,280

C E O Department

202005 Ceo Department Exp Exp 341,487 341,487 351,176 (9,689) 340,487 0 353,093

C E O Department Total 341,487 341,487 351,176 (9,689) 340,487 0 353,093

Councillors

202505 Councillors Exp Exp 260,552 260,552 246,928 13,624 274,552 0 267,620

202510 Council Elections Exp Exp 2,000 2,000 0 2,000 2,000 0 92,000

202515 Council Survey Exp Exp 13,000 13,000 13,636 (636) 13,000 0 13,500

202520 Annual Report Exp Exp 10,000 10,000 5,670 4,330 10,000 0 10,000

Councillors Total 285,552 285,552 266,235 19,317 299,552 0 383,120

Corporate Services203005 Records Management Exp Exp 179,398 179,398 195,389 (15,991) 192,398 20,000 191,541

203007 Freedom of Information Exp Exp 0 0 3,409 (3,409) 0 0

Records Management Total 179,398 179,398 198,798 (19,400) 192,398 20,000 191,541

Other Administration203505 Audit-Internal Exp Exp 41,400 41,400 54,434 (13,034) 41,400 15,000 41,400

Other Administration Total 41,400 41,400 54,434 (13,034) 41,400 15,000 41,400

Corporate Services501005 Council Support Exp Exp 233,234 233,234 229,129 4,105 238,734 0 243,824

501010 Information Technology Exp Exp 378,634 378,634 384,897 (6,263) 379,034 0 386,554

501015 Financial Services Exp Exp 249,392 249,392 247,039 2,353 249,392 0 253,310

501016 Finance Inc Inc 0 0 (400) 400 (400) 0 0

501020 Human Resources Exp Exp 112,995 112,995 108,477 4,518 112,995 0 116,382

501025 Corporate On Costs Exp Exp 1,916,000 1,916,000 1,946,842 (30,842) 1,916,000 0 1,765,000

501026 Corporate On Costs Inc Exp (1,916,000) (1,916,000) (1,880,915) (35,085) (1,916,000) 0 (1,765,000)

501030 Revenue Services Exp Exp 302,342 302,342 232,258 70,084 236,342 0 298,574

501036 Revenue Services Inc Inc (40,000) (40,000) (49,916) 9,916 (40,000) 0 (89,300)

501031 Rates No Gst Inc Inc (7,422,258) (7,422,258) (7,437,027) 14,769 (7,422,258) 0 (7,666,800)

501032 Rates Wind Farms No Gst Inc Inc (210,000) (210,000) (249,153) 39,153 (249,153) (6,343) (254,100)

501040 Customer Services Exp Exp 163,916 163,916 174,336 (10,420) 174,916 0 189,507

501041 Property Management Exp Exp 3,000 3,000 2,374 626 2,000 10,000 2,000

501050 Superannuation Liability Payment Exp Exp 0 0 0 0 0 0 0

506999 Fair Value Adjust of N-C Assets Held for Resale Inc Inc 0 0 19,091 (19,091) 0 0 0

Corporate Services Total (6,007,947) (6,007,947) (6,019,737) 11,790 (6,084,600) 3,657 (6,520,049)


Corporate Services Administration General

503005 Administration General Exp Exp 709,300 709,300 683,100 26,200 694,300 0 718,580

503006 Administration General Inc Inc (2,000) (2,000) (2,879) 879 (2,000) 0 (2,000)

503007 Administration - General No GST Inc Inc (13,000) (13,000) (3,047) (9,953) (13,000) 0 (5,000)

503008 Federal Assistance Grant - General Purpose Inc Inc (1,369,485) (1,369,485) (1,369,485) 0 (1,369,485) (35,747) (2,870,731)

Corporate Services Administration General Total (675,185) (675,185) (692,310) 17,125 (690,185) (35,747) (2,159,151)

Finance Costs

505505 Interest Exp Exp 34,000 34,000 28,441 5,559 34,000 0 12,000

503009 Interest Inc Inc (150,000) (150,000) (160,454) 10,454 (140,000) 0 (130,000)

Finance Costs Total (116,000) (116,000) (132,012) 16,012 (106,000) 0 (118,000)

Leadership Total (5,805,987) (5,805,987) (5,907,508) 101,521 (5,920,773) 2,910 (7,501,766)

KRA 2 Community

Active Recreation

312005 Goldfields Rec Res Exp Exp 3,900 3,900 5,850 (1,950) 5,000 0 7,000

312006 Goldfields Rec Res Sect 86 Com Inc Inc 0 0 (25,861) 25,861 0 0 (29,900)

312007 Goldfields Rec Res Sect 86 Exp Exp 0 0 29,516 (29,516) 0 0 29,900

312015 Avoca Swimming Pool Exp Exp 81,900 81,900 87,191 (5,291) 81,900 0 85,950

312020 Landsborough Swimming Pool Exp Exp 63,900 63,900 63,525 375 63,900 0 71,550

312025 Beaufort Swimming Pool Exp Exp 80,000 80,000 91,518 (11,518) 80,000 0 75,250

312026 Swimming Pools Inc Inc 0 0 (29,430) 29,430 0 0 (27,000)

312027 Swimming Pool Major Mtce-Reactive Exp Exp 63,405 63,405 56,679 6,726 63,405 6,726 20,000

312029 Swimming Pool Major Mtce-Proactive Exp Exp 13,000 13,000 531 12,469 13,000 12,469 13,000

Active Recreation Total 306,105 306,105 279,520 26,586 307,205 19,194 245,750

Public Halls

310505 Public Halls Beaufort Exp Exp 6,070 6,070 4,467 1,603 6,070 1,603 5,200

310506 Public Halls Beaufort Inc Inc (3,000) (3,000) (3,240) 240 (3,000) 0 (3,300)

310510 Public Halls Avoca Exp Exp 11,529 11,529 5,068 6,461 11,529 6,461 4,400

310511 Public Halls Avoca Inc Inc (3,940) (3,940) (3,535) (405) (3,940) 0 (3,500)

310515 Beeripmo Centre Exp Exp 5,110 5,110 5,354 (244) 5,110 0 6,160

310516 Beeripmo Centre Inc Inc (1,100) (1,100) (1,455) 355 (1,100) 0 (1,250)

310520 Other Halls Exp Exp 2,000 2,000 0 2,000 2,000 0 0

310525 Lexton Community Centre Exp Exp 5,700 5,700 5,422 278 5,700 0 5,700

310545 Beaufort Court House Exp Exp 1,200 1,200 946 254 1,200 0 1,200

310550 Beaufort Youth Centre Exp Exp 750 750 0 750 750 0 0

310555 Snake Valley Hall Exp Exp 3,550 3,550 3,259 291 3,550 0 3,750

Public Halls Total 27,869 27,869 16,287 11,583 27,869 8,064 18,360


Parks & Reserves

311005 Parks & Reserves Beaufort Exp Exp 114,700 114,700 91,988 22,712 103,061 0 114,700

311010 Parks & Reserves Avoca Exp Exp 124,350 124,350 83,797 40,553 124,350 15,000 124,350

311011 Caravan Park Tree Inspections - Exp Exp 0 0 0 0 0 0 0

311015 Parks & Reserves - Other Exp Exp 61,200 61,200 47,409 13,791 61,200 0 61,200

311016 Goldfields Recreation Reserve Exp Exp 7,250 7,250 13,921 (6,671) 10,000 0 6,750

311017 Beaufort Lake Dam Wall Monitoring Exp Exp 0 0 4,090 (4,090) 5,000 0 4,150

311020 Playgrounds Inspections Exp Exp 3,800 3,800 3,616 184 3,800 0 3,900

311025 Playgrounds Maintenance Exp Exp 32,625 32,625 13,217 19,408 22,625 9,408 11,300

311030 Bakery Park & Toll Bar Park Exp Exp 4,000 4,000 622 3,378 4,000 0 4,000

311036 Parks & Reserves Inc Inc (5,021) (5,021) (5,021) 0 (5,021) 0 (5,021)

Parks & Reserves Total 342,904 342,904 253,639 89,265 329,015 24,408 325,329

Facility Maintenance

313505 Reactive Building Maintenance Exp Exp 107,446 107,446 106,802 644 100,446 110,800

313506 Programmed Building Maintenance Exp Exp 10,000 10,000 2,998 7,002 10,000 7,002 10,250

313507 Building Compliance Exp Exp 19,000 19,000 21,844 (2,844) 19,000 0 20,000

313508 Property (non-building) Maintenance Exp Exp 1,000 1,000 8,627 (7,627) 8,000 0 1,000

313509 Avoca Children's Centre Sewer Repairs Exp Exp 0 0 0 0 0 0 0

313510 Dams & Bores Exp Exp 15,000 15,000 34,879 (19,879) 27,481 0 14,250

313511 Dams & Bores Inc Inc (300) (300) (872) 572 (781) 0 (500)

313515 Drum Muster Exp Exp 2,150 2,150 1,829 321 2,150 0 2,200

313516 Drum Muster Inc Inc (3,000) (3,000) 0 (3,000) (3,000) 0 (2,500)

313520 Snake Valley Sewerage Scheme Exp Exp 87,500 87,500 41,264 46,236 87,500 57,500 0

313528 Natte Yallock Community Hub Stage 2 Exp Exp 0 0 0 0 0 0 0

313529 Natte Yallock Community Hub - PLF Grant Inc Inc 0 0 0 0 0 0 0

313533 Amphitheatre Recreation Reserve Building Exp Exp 16,380 16,380 20,652 (4,272) 20,093 0 0

313534 Amphitheatre Recreation Reserve Building - RDA Comm Fac Grant IncInc 0 0 0 0 0 0 0

313535 Amphitheatre Recreation Reserve Building - State Govt Grant IncInc (42,500) (42,500) (42,500) 0 (42,500) 0 0

313537 Amphitheatre Recreation Reserve Building - Bendigo Bank Cont. IncInc 0 0 0 0 0 0 0

313539 Amphitheatre Recreation Reserve Building - Special Committee IncInc 0 0 0 0 0 0 0

313541 Lexton Community Facility Feasibility - State Govt Grant IncInc (2,100) (2,100) (2,100) 0 (2,100) 0 0

313540 Lexton Community Facility Feasibility Exp Exp 23,500 23,500 23,500 0 23,500 0 0

Facility Maintenance Total 234,076 234,076 216,923 17,153 249,789 64,502 155,500

Streetscapes

403007 Streetscape Other Township Exp Exp 0 0 0 0 0 0 0

403008 Beaufort Bollards Exp Exp 0 0 500 (500) 3,500 3,000 0

Streetscapes Total 0 0 0 0 0 0 0

Council Contributions

301005 Community Fund Exp Exp 40,000 40,000 38,490 1,510 40,000 0 40,000

Council Contributions Total 40,000 40,000 38,490 1,510 40,000 0 40,000


Animal Control

301505 Animals - Registration And Policy Exp Exp 15,300 15,300 14,448 852 24,300 0 13,900

301506 Animals - Registration And Policy Inc Inc (1,500) (1,500) 0 (1,500) (1,500) 0 0

301509 Pound - Sale of Livestock Inc Inc 0 0 (2,185) 2,185 (1,980) 0 (400)

301510 Pound Exp Exp 7,450 7,450 13,544 (6,094) 9,430 0 11,650

301511 Animal Inc Inc (4,000) (4,000) (2,414) (1,586) (4,000) 0 (4,600)

301512 Dog Registrations Inc Inc (66,000) (66,000) (66,632) 632 (66,000) 0 (70,000)

301513 Cat Registrations Inc Inc (11,000) (11,000) (10,663) (338) (11,000) 0 (12,000)

Animal Control Total (59,750) (59,750) (53,901) (5,849) (50,750) 0 (61,450)

Local Laws & Rangers

302005 Local Laws Admin Exp Exp 139,229 139,229 121,377 17,852 137,229 10,000 128,406

302006 Local Laws Admin Inc Inc (800) (800) (455) (345) (800) 0 (600)

302007 Local Laws Enforcement Exp Exp 0 0 1,002 (1,002) 2,000 0 5,000

Local Laws & Rangers Total 138,429 138,429 121,924 16,505 138,429 10,000 132,806

Family & Child Services

303005 Family & Childrens Services Management Exp Exp 124,867 124,867 127,370 (2,503) 124,867 0 127,624

303006 Family & Childrens Services Inc Inc (550) (550) (500) (50) (550) 0 (1,650)

303010 Maternal & Child Health Exp Exp 131,183 131,183 118,709 12,474 130,083 10,000 129,325

303011 Maternal & Child Health No Gst Applic Inc Inc (103,900) (103,900) (101,670) (2,230) (103,900) 0 (106,500)

303023 Youth Week Exp Exp 0 0 5,622 (5,622) 0 0 0

303024 Youth Week Grant Inc Inc 0 0 (2,000) 2,000 (2,000) 0 0

303025 Youth Outreach Exp Exp 43,486 43,486 39,834 3,652 45,486 5,652 49,006

303026 Youth Outreach Inc Inc (33,333) (33,333) (33,333) 0 (33,333) 0 (33,333)

303027 FReeZA Program Exp Exp 16,872 16,872 4,652 12,220 16,872 7,093 11,745

303028 FReeZA Program Inc Inc (11,745) (11,745) (11,745) 0 (11,745) 0 (11,745)

303030 Family Day Care Exp Exp 60,800 60,800 11,578 49,222 12,000 0 0

303031 Family Day Care Gst Applic Inc Inc (60,800) (60,800) (12,000) (48,800) (12,000) 0 0

303035 Family Day Care Carers Exp Exp 34,000 34,000 18,618 15,382 22,000 0 0

303036 Family Day Care Carers Gst Free Inc Inc (34,000) (34,000) (25,977) (8,023) (22,000) 0 (1,200)

303037 FDC Rural Travel Assistance Exp Exp 0 0 0 0 0 0 0

303038 FDC Rural Travel Assistance Gst Inc Inc 0 0 0 0 0 0 0

Family & Child Services Total 166,880 166,880 139,158 27,722 165,780 22,745 163,272

Commonwealth Home Support Program

303205 CHSP Domestic Assistance Exp Exp 0 0 0 0 0 0 0

303206 CHSP Domestic Assistance Inc Inc 0 0 0 0 0 0 0

303210 CHSP Flexible Respite and Care Support Exp Exp 0 0 0 0 0 0 0

303211 CHSP Flexible Respite and Care Support Inc Inc 0 0 0 0 0 0 0

303215 CHSP Personal Care Exp Exp 0 0 0 0 0 0 0

303216 CHSP Personal Care Inc Inc 0 0 0 0 0 0 0

303220 CHSP Home Modifications Exp Exp 0 0 0 0 0 0 0

303221 CHSP Home Modifications Inc Inc 0 0 0 0 0 0 0


303225 CHSP Meals Exp Exp 0 0 0 0 0 0 0

303226 CHSP Meals Inc Inc 0 0 0 0 0 0 0

303230 CHSP Group Social Support Exp Exp 0 0 0 0 0 0 0

303231 CHSP Group Social Support Inc Inc 0 0 0 0 0 0 0

303235 CHSP Allied Health and Therapy Services Exp Exp 0 0 0 0 0 0 0

303236 CHSP Allied Health and Therapy Services Inc Inc 0 0 0 0 0 0 0

303240 CHSP Other Food Services Exp Exp 0 0 0 0 0 0 0

303241 CHSP Other Food Services Inc Inc 0 0 0 0 0 0 0

303245 CHSP Service System Development Exp Exp 0 0 0 0 0 0 0

303246 CHSP Service System Development Inc Inc 0 0 0 0 0 0 0

Commonwealth Home Support Program Total 0 0 0 0 0 0 0

Home And Community Care Services303505 HACC Assessment Exp Exp 102,572 102,572 108,190 (5,618) 123,572 20,000 110,700

303506 HACC Assessment GST Free Inc Inc (108,000) (108,000) (104,932) (3,068) (108,000) 0 (110,700)

Home And Community Care Services Total (5,428) (5,428) 3,258 (8,686) 15,572 20,000 0

Community Centres

304010 Avoca Senior Citizens' Centre Exp Exp 8,540 8,540 7,502 1,038 8,540 0 12,100

304011 Avoca Community Centre Gst Applic Inc Inc (1,100) (1,100) (720) (380) (1,100) 0 (1,100)

304012 Avoca Community Centre Gst Free Inc Inc (11,000) (11,000) (11,952) 952 (11,000) 0 (11,000)

304015 Beaufort Community Centre Exp Exp 8,980 8,980 7,747 1,233 8,980 0 14,000

304016 Beaufort Community Centre Gst Applic Inc Inc (3,000) (3,000) (2,908) (92) (3,000) 0 (3,000)

304017 Beaufort Community Centre Gst Free Inc Inc (11,000) (11,000) (11,952) 952 (11,000) 0 (11,000)

304019 Avoca Hall Acoustic Improvements Inc Inc 0 0 0 0 0 (7,220) 0

304020 Avoca Hall Acoustic Improvements Exp Exp 0 0 0 0 0 10,440 0

Community Centres Total (8,580) (8,580) (12,283) 3,703 (8,580) 3,220 0

Household Maintenance & Support

304501 Hospital to Home Domestic Assistance Exp Exp 5,123 5,123 3,120 2,003 5,423 2,331 3,150

304502 Hospital to Home Domestic Assistance GST Free Inc Inc 0 0 (328) 328 (300) 0 (3,300)

304503 HACC Support Coordinator Unit Exp Exp 108,104 108,104 123,737 (15,633) 118,104 0 110,973

304505 HACC Domestic Support Exp Exp 274,084 274,084 291,173 (17,089) 308,709 0 275,068

304506 HACC Domestic Support Inc Inc (246,200) (246,200) (256,097) 9,897 (246,200) 0 (246,040)

304507 Domestic Assistance GST Free Inc Inc 0 0 0 0 0 0 0

304508 Home Care Training Exp Exp 0 0 47 (47) 0 0 0

304510 HACC Respite & Self Care Exp Exp 22,888 22,888 19,972 2,916 22,888 0 23,877

304511 HACC Respite & Self Care GST Free Inc Inc (23,100) (23,100) (66,862) 43,762 (67,529) 0 (66,900)

304515 HACC Personal Care Exp Exp 61,174 61,174 85,839 (24,665) 71,174 0 65,810

304516 HACC Personal Care Inc Inc (53,900) (53,900) (75,389) 21,489 (75,068) 0 (55,750)

304517 Personal Care Gst Free Inc Inc 0 0 0 0 0 0 0

304518 NDIS Care Exp Exp 0 0 0 0 0 0 (500)

304519 NDIS Care Inc Inc 0 0 0 0 0 0 0

304520 HACC Home Modifications Exp Exp 6,000 6,000 9,896 (3,896) 10,000 0 6,150


304521 HACC Home Modifications Inc Inc (6,000) (6,000) (14,180) 8,180 (10,000) 0 (6,150)

304525 HACC Minor Capital Exp Exp 24,485 24,485 21,417 3,068 24,485 37,595 3,000

304526 HACC Minor Capital Grant Inc Inc (3,000) (3,000) (37,941) 34,941 (3,000) 0 (3,000)

304535 HACC Allied Health and Therapy Services Exp Exp 0 0 0 0 0 0 0

Household Maintenance & Support Total 169,658 169,658 104,404 65,254 158,686 37,595 (4,435)

Meals On Wheels

305005 HACC Delivered Meals Exp Exp 87,300 87,300 54,400 32,900 87,300 0 84,140

305006 HACC Delivered Meals Inc Inc (37,300) (37,300) (38,835) 1,535 (37,300) 0 (39,140)

305007 Delivered Meals GST Free Inc Inc (50,000) (50,000) (40,518) (9,482) (50,000) 0 (45,000)

Meals On Wheels Total 0 0 (24,953) 24,953 0 0 0

Adass

305505 HACC Planned Activity Group Exp Exp 126,786 126,786 118,620 8,166 126,786 0 129,041

305506 HACC Planned Activity Group Inc Inc (149,500) (149,500) (151,936) 2,436 (149,500) 0 (129,041)

Adass Total (22,714) (22,714) (33,317) 10,603 (22,714) 0 0

Senior Citizens

306005 Senior Citz Landsborough Exp Exp 2,000 2,000 1,818 182 2,000 0 2,000

306006 Senior Citz Landsborough Gst Applic Inc Inc 0 0 0 0 0 0 0

306010 Senior Citizens Festival Exp Exp 2,300 2,300 0 2,300 2,300 0 2,358

306011 Senior Citizens Festival Inc Inc (2,300) (2,300) (2,200) (100) (2,300) 0 (2,358)

306012 HACC Coordination Network Exp Exp 40,752 40,752 25,000 15,752 82,788 57,115 40,752

306013 HACC Coordination Network Inc Inc 0 0 (41,363) 41,363 (42,036) 0 (40,752)

Senior Citizens Total 42,752 42,752 (16,745) 59,497 42,752 57,115 2,000

Education

307005 Pre School Beaufort Exp Exp 10,920 10,920 10,042 878 10,920 0 11,440

307006 Pre School Avoca Exp Exp 2,510 2,510 728 1,782 2,510 0 1,700

307007 Pre School Waubra Exp Exp 0 0 0 0 0 0 0

307080 Kindergarten Participation Project Exp Exp 0 0 0 0 0 0 0

Education Total 13,430 13,430 10,770 2,660 13,430 0 13,140

Housing

307515 Avoca Aged Housing Estate Exp Exp 1,200 1,200 1,085 115 1,200 0 1,200

Housing Total 1,200 1,200 1,085 115 1,200 0 1,200

Community Services

308005 Community Administration Exp Exp 121,345 121,345 110,725 10,620 121,345 0 122,608

308050 Local Area Planning Project Exp Exp 35,000 35,000 5,919 29,081 35,000 40,000 20,000

308051 Local Area Planning Project Inc Inc 0 0 0 0 0 0 0

308224 Emergency Communication Project Exp Exp 24,728 24,728 16,873 7,855 24,728 7,855 0

308225 Emergency Communication Projects Inc Inc (9,900) (9,900) (9,900) 0 (9,900) 0 0


308226 MAV Shade Grant Exp Exp 19,563 19,563 25,689 (6,126) 19,563 0 0

308227 MAV Shade Grant Inc Inc 0 0 0 0 0 0 0

308228 MAV Shade Grant Contribution Inc Inc 0 0 0 0 0 0 0

308229 Beggs Street Park Project Exp Exp 0 0 15,220 (15,220) 17,340 5,977 0

308230 C'Wealth Beggs Street Park Grant Inc Inc 0 0 (17,340) 17,340 (17,340) 0 0

308231 Avoca Swimming Pool - Pool Blankets Exp Exp 0 0 0 0 0 26,596 0

308232 Avoca Swimming Pool - Pool Blankets Inc Inc 0 0 0 0 0 (22,798) 0

Community Services Total 190,736 190,736 147,185 43,551 190,736 57,630 142,608

Transportation

308510 Community Car Exp Exp 9,100 9,100 9,100 0 9,100 0 9,100

308511 Community Car Inc Inc (3,600) (3,600) (5,010) 1,410 (3,600) 0 (3,500)

308515 Community Bus Beaufort Exp Exp 9,600 9,600 9,100 500 9,600 0 9,100

308516 Community Bus Beaufort Inc Inc (2,500) (2,500) (3,269) 769 (2,500) 0 (3,000)

308520 Community Bus Avoca Exp Exp 9,100 9,100 9,100 0 9,100 0 9,100

308521 Community Bus Avoca Inc Inc (1,900) (1,900) (740) (1,160) (1,900) 0 (700)

308522 Volunteer Week - Exp Exp 0 0 293 (293) 0 0 0

Transportation Total 19,800 19,800 18,573 1,227 19,800 0 20,100

Aged Care

309006 Disabled Parking Permits Inc Inc (800) (800) (760) (40) (800) 0 (700)

309010 HACC Podiatry Exp Exp 29,800 29,800 12,720 17,080 29,800 0 30,545

309011 Podiatry GST free Inc Inc (29,800) (29,800) (29,673) (127) (29,800) 0 (30,545)

309015 Brokerage Packages Exp Exp 109,454 109,454 88,441 21,013 109,454 0 75,200

309016 Brokerage Packages Inc Inc (111,700) (111,700) (75,171) (36,529) (111,700) 0 (78,000)

309017 Brokerage DVA User Charges Inc Inc (5,300) (5,300) (1,893) (3,408) (5,300) 0 (1,800)

309018 Brokerage DVA Grant Inc Inc (10,000) (10,000) (24,320) 14,320 (10,000) 0 (25,000)

309019 Brokerage DVA Exp Exp 10,000 10,000 27,000 (17,000) 10,000 0 26,600

309025 Emergency Relief Exp Exp 4,505 4,505 5,404 (899) 4,505 0 1,600

309026 Emergency Relief Inc Inc 0 0 0 0 0 0 0

309027 L2P Learner Driver Mentor Program Exp Exp 19,000 19,000 19,000 0 19,000 0 19,000

309028 L2P Learner Driver Mentor Program Inc Inc (19,000) (19,000) (19,000) 0 (19,000) 0 (19,000)

Aged Care Total (3,841) (3,841) 1,748 (5,589) (3,841) 0 (2,100)

Health & Preventative Services

309505 Environmental Health Exp Exp 129,979 129,979 126,305 3,674 129,779 10,000 128,033

309506 Environmental Health GST free Inc Inc (48,200) (48,200) (48,253) 53 (48,200) 0 (43,750)

309507 Environmental Health GST Applic Inc Inc (13,500) (13,500) (9) (13,491) (13,500) 0 (1,623)

309508 Septic Tank Inspections Program Exp Exp 26,444 26,444 15,274 11,170 26,444 0 27,179

309509 Immunisation Grant Inc Inc 0 0 (6,319) 6,319 (1,140) 0 (1,623)

309510 Immunisation Exp Exp 7,412 7,412 7,702 (290) 8,552 0 7,331

309511 Food Sampling Exp Exp 0 0 165 (165) 200 0 2,350

309512 Tobacco Testing Exp Exp 0 0 4,350 (4,350) 8,506 0 11,000


309513 Tobacco Testing Grant Inc Inc 0 0 (14,916) 14,916 (8,506) 0 (16,027)

Health & Preventative Services Total 102,135 102,135 84,299 17,836 102,135 10,000 112,870

Heritage & Culture

313010 Library Service - Ballarat City Exp Exp 50,000 50,000 55,886 (5,886) 50,000 0 70,000

313012 Avoca Library Exp Exp 32,337 32,337 22,137 10,200 32,337 0 33,209

313013 Library Inc Inc (6,741) (6,741) (8,422) 1,681 (7,549) 0 (115,400)

313015 Beaufort Library Exp Exp 60,951 60,951 79,078 (18,127) 61,759 0 64,105

313016 Mobile Library Exp Exp 28,172 28,172 27,395 777 28,172 0 28,674

313025 Australia Day Exp Exp 10,130 10,130 10,231 (101) 11,130 0 11,500

Heritage & Culture Total 174,849 174,849 186,305 (11,456) 175,849 0 92,088

Community Total 1,870,510 1,870,510 1,482,869 387,641 1,895,862 339,804 1,507,861

KRA 3 Roads

101005 Works Management Exp Exp 125,629 125,629 124,303 1,326 125,629 0 127,681

Works Management Total 125,629 125,629 124,303 1,326 125,629 0 127,681

Sealed Roads

101505 Sealed Routine Maintenance Exp Exp 460,000 460,000 398,318 61,682 460,000 0 471,600

101510 Sealed Shoulder Grading Exp Exp 55,000 55,000 49,697 5,303 55,000 0 56,300

101515 Sealed Road Inspections Exp Exp 54,300 54,300 52,057 2,243 54,300 0 55,700

101520 Linemarking Exp Exp 25,000 25,000 11,590 13,410 25,000 0 25,000

Sealed Roads Total 594,300 594,300 511,662 82,638 594,300 0 608,600

Unsealed Roads

102005 Unsealed Road Inspections Exp Exp 69,000 69,000 62,985 6,015 69,000 0 70,800

102010 Unsealed Routine Maintenance Exp Exp 778,000 778,000 722,020 55,980 778,000 0 797,500

102015 Unsealed Dust Suppression Exp Exp 20,000 20,000 20,000 0 20,000 0 20,500

Unsealed Roads Total 867,000 867,000 805,005 61,995 867,000 0 888,800

Bridge Maintenance

103005 Bridge Maintenance Exp Exp 40,500 40,500 46,114 (5,614) 40,500 0 41,600

103010 Bridge Inspections Exp Exp 6,300 6,300 8,743 (2,443) 6,300 0 6,400

Bridge Maintenance Total 46,800 46,800 54,858 (8,058) 46,800 0 48,000

Traffic Control

104005 Guide Posts Exp Exp 99,000 99,000 66,315 32,685 99,000 0 100,000

104010 School Crossings Exp Exp 27,677 27,677 25,411 2,266 27,677 0 28,411

104015 Traffic Sign Maintenance Exp Exp 96,000 96,000 100,312 (4,312) 96,000 0 100,000

104075 School Crossings Inc Inc (9,184) (9,184) (9,184) 0 (9,184) 0 (9,414)

Traffic Control Total 213,493 213,493 182,853 30,640 213,493 0 218,997

Street Cleaning


104505 Litterbin Clearance Exp Exp 50,000 50,000 57,110 (7,110) 50,000 0 51,078

104510 Street Cleaning Exp Exp 55,000 55,000 55,489 (489) 55,000 0 57,800

Street Cleaning Total 105,000 105,000 112,599 (7,599) 105,000 0 108,878

Drainage

105005 Drainage Rural Exp Exp 102,500 102,500 129,366 (26,866) 102,500 0 107,700

105010 Drainage Urban Exp Exp 57,500 57,500 57,291 209 57,500 0 60,400

Drainage Total 160,000 160,000 186,657 (26,657) 160,000 0 168,100

Depots

105505 Depots Beaufort Exp Exp 57,000 57,000 46,729 10,271 57,000 0 58,600

105510 Depots Avoca Exp Exp 43,900 43,900 43,161 739 51,900 0 53,200

105515 Depots Other Exp Exp 1,150 1,150 4,284 (3,134) 1,150 0 1,100

105520 Sale of Emulsion Inc Inc (3,000) (3,000) (3,065) 65 (3,000) 0 (3,100)

Depots Total 99,050 99,050 91,109 7,941 107,050 0 109,800

Roadside Management

107005 Roadside Rural Exp Exp 223,500 223,500 250,708 (27,208) 223,500 0 229,200

107010 Roadside Urban Exp Exp 99,000 99,000 77,952 21,048 99,000 0 101,500

107015 Roadside Urban Tree Inspections Exp Exp 3,600 3,600 1,930 1,670 3,600 0 3,700

107020 "Pyrenees Shire" Roadside Signs Exp Exp 2,750 2,750 2,116 634 2,750 0 2,800

107025 Roadside Tree Trimming Exp Exp 69,023 69,023 34,788 34,235 69,023 34,235 58,400

397,873 397,873 367,493 30,380 397,873 34,235 395,600

Footpaths Kerb & Channel & Shared Walkways

107505 Shared Walkways Maintenance Exp Exp 14,585 14,585 71 14,514 14,585 14,514 9,100

107510 Footpaths Exp Exp 30,535 30,535 18,064 12,471 30,535 12,471 26,100

107515 Kerb & Channel Exp Exp 32,000 32,000 11,198 20,802 32,000 20,802 32,800

Footpaths Kerb & Channel & Shared Walkways Total 77,120 77,120 29,333 47,787 77,120 47,787 68,000

Other Local Roads

108505 Bus Shelters Exp Exp 12,684 12,684 9,536 3,148 12,684 0 0

108510 Repeater Licence Exp Exp 3,510 3,510 3,000 510 3,510 0 3,700

108515 Band Rotunda Exp Exp 1,900 1,900 1,128 772 1,900 0 1,400

108518 Street Lighting Exp Exp 46,000 46,000 35,789 10,211 46,000 0 36,500

108520 BBQ's/War Memorials Electricity & Drain Leasing Exp Exp 2,300 2,300 3,484 (1,184) 3,000 0 2,400

108525 Emergency Response Works Department Exp Exp 2,310 2,310 10,384 (8,074) 13,464 0 14,000

108526 Avoca Storm Damage 28.02.2015 Exp Exp 0 0 27,430 (27,430) 29,500 0 0

108527 Natural Disaster Reimbursement Grants No Gst Inc Inc 0 0 0 0 (35,265) 0 0

108528 Storm Damage 25.11.2015 Exp Exp 0 0 12,565 (12,565) 12,565 0 0

108529 Avoca Temporary Carpark in Main Street Median Exp Exp 0 0 5,950 (5,950) 5,950 0 0

108537 Storm Damage 28.01.2016 Exp Exp 0 0 46,199 (46,199) 14,894 0 0

Other Local Roads Total 68,704 68,704 155,466 (86,762) 108,203 0 58,000


Roads Parks & Streets Income

109070 Federal Assistance Grant - Local Roads Inc Inc (977,651) (977,651) (977,651) 0 (977,651) 21,331 (2,022,591)

109075 Plant Operating Exp Exp (605,697) (605,697) (577,862) (27,835) (475,883) 0 (510,097)

Roads Parks & Streets Income Total (1,583,348) (1,583,348) (1,555,513) (27,835) (1,453,534) 21,331 (2,532,688)

Corporate Services Assets & Infrastructure

502005 Assets & Infrastructure Exp Exp 246,463 246,463 223,044 23,419 246,463 0 250,821

502006 Assets & Infrastructure Inc Inc 0 0 0 0 0 0 0

502007 Assets & Infrastructure Projects Exp Exp 0 0 0 0 0 0 0

502008 Road Safety Strategy Exp Exp 0 0 0 0 0 0 0

502009 Road Safety Strategy Inc Inc 0 0 0 0 0 0 0

502010 Depreciation Exp Exp 0 0 0 0 0 0 0

506035 Depreciation - Land Improvements Exp Exp 220,000 220,000 212,041 7,959 212,000 0 218,000

506045 Depreciation - Buildings Specialised Exp Exp 1,105,000 1,105,000 1,073,369 31,631 1,072,000 0 1,102,000

506105 Depreciation - Plant, Machinery & Equipment Exp Exp 518,000 518,000 488,186 29,814 581,000 0 642,000

506115 Depreciation - Fixtures, Fittings & Furniture Exp Exp 10,000 10,000 9,875 125 11,000 0 13,000

506125 Depreciation - Computers & Telecommunications Exp Exp 114,000 114,000 98,020 15,980 134,000 0 160,000

506135 Depreciation - Library Collection Exp Exp 29,000 29,000 29,354 (354) 31,000 0 34,000

506185 Depreciation - Sealed Road Formation Exp Exp 0 0 15,777 (15,777) 0 0 0

506195 Depreciation - Unsealed Road Formation Exp Exp 0 0 10,838 (10,838) 0 0 0

506205 Depreciation - Sealed Pavements Exp Exp 4,233,000 4,233,000 1,906,154 2,326,846 2,815,000 0 2,870,000

506206 Depreciation - Unsealed Pavements Exp Exp 0 0 869,062 (869,062) 0 0 0

506215 Depreciation - Sealed Surfaces Exp Exp 1,314,000 1,314,000 1,043,876 270,124 1,075,000 0 1,136,000

506225 Depreciation - Footpaths & Cycleways Exp Exp 39,000 39,000 37,013 1,987 37,000 0 38,000

506235 Depreciation - Kerb & Channel Exp Exp 65,000 65,000 70,421 (5,421) 71,000 0 71,000

506245 Depreciation - Culverts, Pipes & Pits Exp Exp 211,000 211,000 194,769 16,231 205,000 0 205,000

506255 Depreciation - Bridges Exp Exp 298,000 298,000 447,044 (149,044) 286,000 0 306,000

506265 Depreciation - Other Structures Exp Exp 44,000 44,000 41,975 2,025 69,000 0 78,000

502012 Assets & GIS Exp Exp 319,593 319,593 284,406 35,187 319,593 0 307,646

502013 Road Opening Permits Inc Inc 0 0 (777) 777 0 0 (6,300)

502014 Project Management Exp Exp 225,857 225,857 231,603 (5,746) 225,857 0 182,161

502015 Aerial Imaging Exp Exp 12,000 12,000 0 12,000 12,000 20,000 12,000

502016 Infrastructure Condition Assessments Exp Exp 35,000 35,000 35,179 (179) 35,000 0 35,000

Corporate Services Assets & Infrastructure Total 9,038,913 9,038,913 7,321,229 1,717,684 7,437,913 0 250,821

Private Works

109505 Private Works Exp Exp 50,000 50,000 9,923 40,077 50,000 0 10,000

109506 Private Works Inc Inc (50,000) (50,000) (11,488) (38,512) (50,000) 0 (11,500)

109509 Private Works - Beaufort Community Bank Complex ExpExp 0 0 13,429 (13,429) 0 0 10,000

109510 Private Works - Beaufort Community Bank Complex Inc Inc 0 0 (13,254) 13,254 0 0 (10,000)

109513 Private Works Exp - Avoca Rec Res Exp Exp 0 0 0 0 0 0 0

109514 Private Works Inc - Avoca Rec Res Inc Inc 0 0 0 0 0 0 0

Private Works Total 0 0 (1,390) 1,390 0 0 (1,500)

Roads Total 10,210,534 10,210,534 8,385,665 1,824,869 8,786,847 123,353 7,920,596


KRA 4 Commerce

Caravan Parks401005 Avoca Caravan Park Exp Exp 0 0 249 (249) 300 0 0

401006 Avoca Caravan Park Inc Inc (7,300) (7,300) (7,851) 551 (7,300) 0 (7,440)

401010 Beaufort Caravan Park Exp Exp 164,106 164,106 200,278 (36,172) 163,806 0 172,900

401011 Beaufort Caravan Park Inc Inc (120,000) (120,000) (168,962) 48,962 (120,000) 0 (150,000)

401012 Landsborough Caravan Park Exp Exp 0 0 545 (545) 500 0 350

Caravan Parks Total 36,806 36,806 24,259 12,547 37,306 0 15,460

Economic Development Services402005 Community Building Exp Exp 52,886 52,886 36,872 16,014 52,886 0 54,611

402006 Community Building Inc Inc 0 0 0 0 0 0 0

402010 Economic Development Management Exp Exp 129,283 129,283 133,783 (4,500) 130,283 0 133,942

402020 Industrial Rate Contribution Exp Exp 4,000 4,000 820 3,180 4,000 0 0

402022 2015 Rassemblement des Beaufort Exp Exp 5,000 5,000 0 5,000 0 0 200

402024 State Funded Initiatives Exp Exp 30,000 30,000 47,329 (17,329) 30,000 0 30,000

402026 Event Sponsorship Exp Exp 31,000 31,000 30,161 839 31,000 0 20,150

402027 Event Sponsorship Inc Inc 0 0 (226) 226 (226) 0 (300)

402036 Official Visitor Guide Exp Exp 15,000 15,000 8,958 6,042 23,000 0 15,000

402037 Official Visitor Guide Advertising Charges Inc Inc (13,000) (13,000) (206) (12,794) (13,000) 0 (13,000)

402038 Central Highlands Regional Strategic Planning Exp Exp 23,500 23,500 27,241 (3,741) 23,500 0 24,000

402044 Additional Opportunities Exp Exp 3,000 3,000 2,350 650 3,000 0 6,000

402045 Additional Opportunities Inc Inc 0 0 0 0 0 0 0

402046 Victorian Regional Living Expo Exp Exp 10,000 10,000 0 10,000 0 0 0

402047 Victorian Regional Living Expo Inc Inc (10,000) (10,000) 0 (10,000) 0 0 0

402048 Seduction By Tastebuds Exp Exp 0 0 0 0 0 0 0

402049 Seduction By Tastebuds Inc Inc 0 0 0 0 0 0 0

402050 Promotional Activities Exp Exp 39,000 39,000 39,785 (785) 39,000 0 47,000

402051 Promotional Activities Inc Inc 0 0 (9,565) 9,565 (14,500) 0 (10,000)

402052 Goldfields Visitor Guide Exp Exp 0 0 0 0 0 0 0

402054 Tourism Web Site Maintenance Exp Exp 2,000 2,000 568 1,432 2,000 0 2,000

402060 Cultivating Agriculture Central Highlands Exp Exp 7,000 7,000 7,000 0 7,000 0 7,000

402064 Regional Tourism Organisation / Tourism Strategy Exp Exp 49,000 49,000 33,248 15,752 49,000 0 45,000

402066 Wine Industry Co-Op Marketing Exp Exp 6,000 6,000 0 6,000 6,000 5,000 6,000

402067 Wine Industry Co-Op Marketing Inc Inc 0 0 0 0 0 0 0


402070 Tourism Project Officer Exp Exp 58,350 58,350 53,961 4,389 58,350 0 0

402071 Tourism Project Officer Inc Inc 0 0 0 0 0 0 0

402076 Street Life Project Exp Exp 0 0 0 0 0 0 0

402075 Street Life Project Inc Inc 0 0 0 0 0 0 0

402079 Avoca Industrial Land Gas Connection Exp Exp 0 0 15,000 (15,000) 55,000 0 0

402084 Grampians Pyrenees Business Awards Exp Exp 0 0 0 0 0 0 0

402085 Grampians Pyrenees Business Awards Inc Inc 0 0 0 0 0 0 0

402086 Strategy Exp Exp 26,000 26,000 26,550 (550) 26,000 0 0

402087 First National Heritage Region Exp Exp 0 0 0 0 0 0 0

402088 Events Officer Exp Exp 12,000 12,000 10,913 1,087 12,000 0 60,663

402089 Pyrenees Unearthed Exp Exp 0 0 15,000 (15,000) 12,000 0 0

402090 Pyrenees Unearthed Grant Inc Inc 0 0 (12,000) 12,000 (12,000) 0 0

Economic Development Services Total 480,019 480,019 467,542 12,477 524,293 5,000 428,266

Community Action Plans

404005 Cap Townships Exp Exp 2,500 2,500 1,645 855 2,500 0 2,500

404007 CAP Projects Exp Exp 30,000 30,000 11,687 18,313 25,728 14,041 25,000

Community Action Plans Total 32,500 32,500 13,332 19,168 28,228 14,041 27,500

Other Economic Development

404510 Railway Signal Box Exp Exp 4,000 4,000 4,387 (387) 4,000 0 3,500

404515 Railway Station Exp Exp 2,900 2,900 2,942 (42) 2,900 0 3,050

404516 Railway Station Inc Inc 0 0 0 0 0 0 0

404521 Property Rental Inc Inc (8,100) (8,100) (10,809) 2,709 (9,288) 0 (11,160)

404522 Property Rental Expenses - Exp Exp 1,000 1,000 2,676 (1,676) 2,188 0 3,600

Other Economic Development Total (200) (200) (804) 604 (200) 0 (1,010)

Information Centres

405005 Avoca Information Centre Exp Exp 204,630 204,630 197,487 7,143 204,630 0 231,393

405006 Info Ctr Avoca Inc Inc (14,900) (14,900) (18,856) 3,956 (14,900) 0 (18,400)

405010 Info Ctr Landsborough Exp Exp 3,150 3,150 2,969 181 3,510 0 2,950

405011 Info Ctr Landsborough Inc Inc 0 0 (360) 360 (360) 0 (300)

405015 Info Ctr Lexton Exp Exp 1,800 1,800 1,116 684 1,800 0 1,700

405020 Info Centre Snake Valley Exp Exp 850 850 605 245 850 0 550

405030 Beaufort Information Centre Exp Exp 197,490 197,490 170,424 27,066 187,490 0 185,867

405031 Beaufort Information Centre Inc Inc (38,600) (38,600) (43,751) 5,151 (38,600) 0 (40,700)

Information Centres Total 354,420 354,420 309,635 44,785 344,420 0 363,060

Public Conveniences

405505 Pub Conv Beaufort Exp Exp 62,600 62,600 61,489 1,111 62,600 0 64,750

405510 Pub Conv Lexton Exp Exp 14,050 14,050 14,145 (95) 14,050 0 13,850

405515 Pub Conv Avoca Exp Exp 11,950 11,950 13,310 (1,360) 11,950 0 13,800

405520 Pub Conv Snake Valley Exp Exp 270 270 241 29 270 0 420

405525 Pub Conv Landsborough Exp Exp 4,100 4,100 3,711 389 4,100 0 4,650


405530 Pub Conv Ampitheatre Exp Exp 1,920 1,920 2,008 (88) 1,920 0 2,350

405535 Pub Conv Moonambel Exp Exp 6,700 6,700 4,094 2,606 6,700 0 4,820

405540 Pub Conv Lions Club Exp Exp 0 0 132 (132) 0 0 0

Public Conveniences Total 101,590 101,590 99,130 2,460 101,590 0 104,640

Commerce Total 1,005,135 1,005,135 913,093 92,042 1,035,637 19,041 938,266

KRA 5 Environment

Planning

601005 Planning Administration Exp Exp 231,740 231,740 222,305 9,435 232,090 10,000 204,650

601006 Planning GST Free Inc Inc (44,000) (44,000) (64,944) 20,944 (44,000) 0 (41,000)

601007 Planning GST Applic Inc Inc (100) (100) (2,772) 2,672 (2,350) 0 (5,500)

601010 Town Planning Heritage Advice Exp Exp 12,000 12,000 1,500 10,500 12,000 0 6,000

601011 Town Planning Heritage Advice Grant Inc Inc (6,000) (6,000) 0 (6,000) (6,000) 0 0

601015 Strategic Planning Exp Exp 97,372 97,372 12,617 84,755 97,372 84,755 60,000

601016 Strategic Planning Inc Inc 0 0 0 0 0 0 0

601017 Planning Enforcement Exp Exp 14,400 14,400 0 14,400 14,400 14,400 15,000

601019 Statutory Planning & Legal Advice Exp Exp 20,000 20,000 8,872 11,128 20,000 10,000 20,000

601022 Planning Compliance/VCAT Exp Exp 0 0 983 (983) 0 0 0

Planning Total 325,412 325,412 178,561 146,851 323,512 119,155 259,150

Building

602005 Building Control Exp Exp 242,125 242,125 216,499 25,626 242,125 0 254,003

602006 Building Control Inc Gst Applic Inc (110,000) (110,000) (71,686) (38,314) (110,000) 0 (98,000)

602007 Building Control Inc No Gst Inc (26,250) (26,250) (26,128) (122) (26,250) 0 (35,750)

602009 Building Enforcement Exp Exp 20,400 20,400 269 20,131 20,400 20,131 16,000

602010 Essential Services Inspections Exp Exp 0 0 0 0 0 0 0

Building Total 126,275 126,275 118,954 7,321 126,275 20,131 136,253

Emergency Management

603005 Fire Infrastructure Maintenance Exp Exp 6,100 6,100 7,180 (1,080) 7,500 0 6,000

603010 Fire Hazard Removal Exp Exp 145,250 145,250 137,285 7,965 128,363 0 145,000

603011 Fire Hazard Non-Compliance Removal Inc Inc (13,000) (13,000) (5,221) (7,779) (13,000) 0 (10,000)

603012 Fire Hazard Non-Compliance Removal Exp Exp 8,000 8,000 0 8,000 15,000 0 0

603015 Fire Prevention Officer Exp Exp 74,522 74,522 67,817 6,705 74,522 0 76,942

603018 Fire Access Barkly Water Tank Exp Exp 15,500 15,500 18,826 (3,326) 18,826 0 0

603019 Fire Access Barkly Water Tank Grant Inc Inc (10,333) (10,333) (10,333) 0 (10,333) 0 0

603020 Fire Access Tracks Exp Exp 2,400 2,400 0 2,400 2,400 0 2,300

603021 Fire Access Tracks Inc Inc 0 0 0 0 0 0 0

603023 Fire Safer Places Exp Exp 15,000 15,000 2,844 12,156 3,000 0 5,000

603025 Emergency Planning Processes Exp Exp 109,923 109,923 58,268 51,655 109,923 51,655 60,000

603026 Emergency Planning Process Inc Inc (60,000) (60,000) (60,000) 0 (60,000) 0 (60,000)

603028 Emergency Management Exp Exp 0 0 0 0 0 0 0


603030 2015-16 Drought Response Exp Exp 0 0 24,134 (24,134) 40,000 15,866 0

603031 2015-16 Drought Response Grant Inc Inc 0 0 (40,000) 40,000 (40,000) 0 0

603032 2015-16 Drought Event Package Exp Exp 0 0 0 0 15,000 15,000 0

603033 2015-16 Drought Event Package Grant Inc Inc 0 0 (15,000) 15,000 (15,000) 0 0

Emergency Management Total 293,362 293,362 185,799 107,563 276,201 51,655 225,242

Climate & Environment Protection

603505 Environment Protection Exp Exp 86,211 86,211 89,433 (3,222) 86,211 0 89,794

603506 Environment Inc Inc 0 0 0 0 0 0 0

603508 Environment Projects Exp Exp 37,870 37,870 17,057 20,814 37,870 0 500

603509 Illegal Refuse Dumping Rectification Exp Exp 0 0 0 0 0 0 0

603510 Bioenergy Exp Exp 12,213 12,213 12,166 47 12,213 0 0

603511 Bioenergy Inc Inc 0 0 (1,240) 1,240 0 0 0

603517 Roadside Weeds & Pest Management Prog. Exp Exp 50,100 50,100 49,856 244 50,100 0 48,146

603518 Roadside Weeds & Pest Management Prog. Inc Inc (48,146) (48,146) (48,146) 0 (48,146) 0 (48,146)

603519 C'wealth Roadside Weeds & Pest Exp Exp 0 0 49,875 (49,875) 50,000 0 0

603520 C'wealth Roadside Weeds & Pest Inc Inc 0 0 (50,000) 50,000 (50,000) 0 0

Climate Protection Total 138,248 138,248 119,000 19,248 138,248 0 90,294

Waste Management604004 Waste Management - Management Time Exp Exp 0 0 0 0 0 0 46,905

604005 Kerbside Collection Exp Exp 123,800 123,800 129,233 (5,433) 123,800 0 128,366

604007 Kerbside Collection Recycling Exp Exp 122,400 122,400 128,447 (6,047) 122,400 0 128,007

604010 Waste Disposal Exp Exp 203,000 203,000 179,622 23,378 203,000 0 215,025

604011 Waste Disposal No Gst Inc Inc (1,029,760) (1,029,760) (1,033,756) 3,996 (1,029,760) 0 (1,057,387)

604012 Garbage Rate GST Applic Inc Inc 0 0 (332) 332 0 0 (358)

604013 Legacy Landfill Monitoring Exp Exp 0 0 0 0 0 0 15,000

604015 Landfill & Transfer Station Maintenance Exp Exp 78,750 78,750 54,424 24,326 52,750 0 10,000

604020 Transfer Stations Exp Exp 347,300 347,300 403,616 (56,316) 347,300 0 366,897

604021 Transfer Stations Inc Inc (14,000) (14,000) (19,533) 5,533 (14,000) 0 (16,000)

604023 Green Waste Collection Exp Exp 62,600 62,600 43,511 19,089 62,600 0 64,068

604024 Hard Waste Collection Exp Exp 35,000 35,000 592 34,408 35,000 0 18,500

604025 Collections Bins Exp Exp 21,000 21,000 6,638 14,362 21,000 0 25,515

604030 Regional Waste Group Exp Exp 10,000 10,000 267 9,733 10,000 0 5,000

Waste Management Total (39,910) (39,910) (107,272) 67,362 (65,910) 0 (50,462)

Environment Total 843,387 843,387 495,042 348,345 798,326 221,807 660,477

Grand Total 8,123,579 8,123,579 5,369,159 2,754,420 6,595,898 706,916 3,525,434

COA Description Original Budget Current Budget YTD Budget YTD Actual YTD Variance Forecast Notes 2015-2016 CARRYOVER Budget

2016-2017

CAPITAL PROJECTS

Council Roads

701003 Gravel Road Resheets 600,000 600,000 600,000 614,386 (14,386) 614,386 E - 600,000

701004 Gravel Road Resheet - Goulds Lane Exp 0 - - 53,494 (53,494) 53,494 E - -

761004 Vicroads Goulds Lane Contribution Inc 0 - - (41,828) 41,828 (41,828) I - -

701015 Kerb & Channel 10,000 10,000 10,000 956 9,044 10,000 E 9,044 21,000

701021 Footpaths Contractors 10,000 13,710 13,710 3,575 10,135 13,710 E 10,135 18,000

701023 Reseals 700,000 700,000 700,000 661,788 38,212 673,948 E - 868,000

701025 Major Patch Program 100,000 100,000 100,000 101,972 (1,972) 100,000 E - 102,500

701026 Major Culverts 150,000 150,000 150,000 131,757 18,243 150,000 E 18,243 75,000

701028 Shoulder Rehabilitation Exp 50,000 100,000 100,000 95,760 4,240 100,000 E - 50,000

701012 Forward Survey & Design Works Exp 50,000 56,650 56,650 38,400 18,250 56,650 E 18,250 50,000

701087 Council Funded Road Capex 16-17 Exp 0 - - - - - E - 68,000

Council Roads Total 1,670,000 1,730,360 1,730,360 1,660,260 70,100 1,730,360 55,672 1,852,500

Roads To Recovery Program

760072 Roads To Recovery General Inc No GST (1,976,000) (2,822,914) (2,822,914) (2,788,173) (34,741) (2,822,914) I (55,000) (2,281,192)

701081 Moonambel Natte Yallock Rd 0.80 to 1.35km R2R Exp 138,000 138,000 138,000 216,368 (78,368) 199,003 E - -

701082 Racecourse Rd/Black Bottom Rd Intersection R2R Exp 90,000 90,000 90,000 62,452 27,548 62,452 E - -

701083 Kayleys Lane 2.20-3.20km R2R Exp 211,000 211,000 211,000 210,643 357 210,643 E - -

701084 Black Bottom Rd/Beaufort-Waubra Rd Intersection R2R Exp 184,000 184,000 184,000 125,925 58,075 152,481 E - -

701085 Crowlands-Eversley Rd 2.90-3.90km R2R Exp 320,000 320,000 320,000 251,314 68,686 253,370 E - -

701086 Trawalla Rd 4.50-5.50km R2R Exp 330,000 330,000 330,000 298,184 31,816 298,184 E - -

701088 Raglan-Elmhurst Rd 18.0-19.50km R2R Exp 0 - - - - - E - 462,742

701089 Moonambel-Natte Yallock Rd 1.59-4.03km R2R Exp 0 - - - - - E - 329,644

701090 Spare Road Construction Job Exp 0 - - - - - E - 184,982

701091 Trawalla Road 2.40-4.40km R2R Exp 0 - - - - - E - 247,099

701092 Modesty Lane 0.00-1.525km R2R Exp 0 - - - - - E - 376,825

701093 Stockyard Hill Rd Resheet 19.10-20.30km R2R Exp 0 - - 38,695 (38,695) 38,695 E - -

701094 Rowlers Rd Resheet 0.00-1.20km R2R Exp 0 - - 31,747 (31,747) 31,747 E - -

701095 Willow Tree Rd Resheet 0.95-1.64km R2R Exp 0 - - 18,461 (18,461) 30,000 E - -

701096 Darlington Carranballac Rd 1.88-3.49 R2R Exp 0 - - - - - E - 368,577

701163 Bridge 155 - Trawalla Road R2R Exp 165,000 165,000 165,000 189,460 (24,460) 189,460 E - -

701164 Raglan-Elmhurst Road 13.525-16.50 R2R Reseals Exp 0 81,000 81,000 59,453 21,547 59,453 E - -

701165 Mt William Road 10.13-11.63 R2R Reseals Exp 0 39,000 39,000 60,547 (21,547) 60,547 E - -

701166 Bridge 33 - Carngham Streatham Road R2R Exp 145,000 145,000 145,000 273,896 (128,896) 273,896 E - -

701168 Bridge 58 - Eurambeen Streatham Road R2R Exp 13,000 13,000 13,000 - 13,000 - E - -

701169 Bridge 78 - Haddon Preston Hill Road R2R Exp 13,000 13,000 13,000 - 13,000 6,509 E - -

701170 Bridge 82 - Homebush Road R2R Exp 13,000 13,000 13,000 - 13,000 - E - -

701171 Bridge 144 - Mortchup Road R2R Exp 13,000 13,000 13,000 6,990 6,010 6,990 E - -

701172 Bridge 114 - Mountain Hut Road R2R Exp 13,000 13,000 13,000 - 13,000 - E - -

701173 Bridge 125 - North South Road R2R Exp 13,000 13,000 13,000 6,590 6,410 6,590 E - -

701174 Bridge 126 - North South Road R2R Exp 13,000 13,000 13,000 5,780 7,220 6,590 E - -

701175 Bridge 39- Raglan Elmhurst Road R2R Exp 13,000 13,000 13,000 2,000 11,000 2,000 E - -

701176 Bridge 41 - Crowlands Eversley Road R2R Exp 185,000 185,000 185,000 155,215 29,785 155,215 E - -

701177 Bridge 168 - Waubra Talbot Road R2R Exp 13,000 13,000 13,000 9,850 3,150 10,200 E - -

701178 Bridge 31 - Carngham Streatham Road R2R Exp 13,000 13,000 13,000 - 13,000 - E - -

701179 Bridge 22 - Carngham Lake Goldsmith Road R2R Exp 13,000 13,000 13,000 - 13,000 - E - -

701180 Bridge 84 - King Street Road R2R Exp 13,000 13,000 13,000 17,822 (4,822) 13,009 E - -

701181 Bridge 155 - Trawalla Road R2R Exp 13,000 13,000 13,000 - 13,000 - E - -

701182 Bridge 99 - Lexton Ararat Road R2R Exp 13,000 13,000 13,000 - 13,000 - E - -

701183 Bridge 18 - Raglan Elmhurst Road R2R Exp 13,000 13,000 13,000 1,900 11,100 1,900 E - -

701184 Bridge 25 - Linton Carngham Road R2R Exp 13,000 13,000 13,000 - 13,000 - E - -

701185 Moonambel-Warrenmang Road 4.0-6.6R2R Resheet Exp 0 150,000 150,000 25,377 124,623 25,377 E - -

701186 Carngham-Lake Goldsmith Road 12.25-13.75 R2R Resheets Exp 0 - - 41,855 (41,855) 41,855 E - -

701187 Haddon-Preston Hill Road 0.2-2.4 R2R Resheets Exp 0 - - 65,621 (65,621) 65,621 E - -

701188 Moonambel-Natte Yallock Major Culvert 3.694km R2R Exp 0 - - 94,044 (94,044) 116,635 E - -


2016-2017

701189 Raglan-Elmhurst Road 17.0-18.5 R2R Exp 0 395,000 395,000 193,964 201,036 185,351 E 268,549 -

701190 Bridge 97 Lexton-Ararat Rd Guard Rail R2R Exp 0 69,000 69,000 70,152 (1,152) 71,502 E - -

701191 Bridge 20 Blackbottom Rd Guard Rail R2R Exp 0 60,500 60,500 53,650 6,850 53,650 E - -

701192 Bridge 69 - Glenlofty-Warrenmang Road R2R Exp 0 17,474 17,474 19,600 (2,126) 19,600 E - -

701193 Bridge 97 Lexton-Ararat Road R2R Exp 0 17,470 17,470 - 17,470 - E - -

701194 Bridge 166 - Waubra-Talbot Road R2R Exp 0 17,470 17,470 4,200 13,270 4,200 E - -

701195 Bridge 8 - Barkly-Navarre Rd @ Ch 1.655 Deck Overlay - R2R Exp 0 - - - - - E (57,825) 121,125

701196 Spare Bridge Job R2R Exp 0 - - - - - E - -

701197 Repair Bridge Spalls at 6 Sites R2R Exp 0 - - - - - E - 80,009

701198 Repair Bridge Bearing Pads & Expansion Joints at 3 Sites R2R Exp 0 - - - - - E - 40,009

701199 Guardrail - Amphitheatre Rd 9.226km R2R Exp 0 - - 63,800 (63,800) 70,180 E (61,680) 70,180

701206 Bridge 8 - Barkly-Navarre Rd 1.655km R2R Exp 0 - - 57,825 (57,825) 100,009 E -

701207 Moonambel-Natte Yallock Major Culvert 10.78km R2R Exp R2R Exp 0 - - - - - E (94,044) -

701208 Spare Bridge R2R Exp 0 - - - - - E - -

701209 Spare Bridge R2R Exp 0 - - - - - E - -

Roads to Recovery Total 0 0 0 (54,794) 54,794 0 0 0

State Government Rural Roads and Bridges Program

701161 State funded Bridges Exp 43,000 - - - - - E - -

701162 State Funded Roads Exp 957,000 - - - - - E - -

760130 State Govt Rural Roads & Bridges Grant Inc (1,000,000) - - - - - I - -

Country Roads and Bridges Total 0 0 0 0 0 0 0 0

State Government Black Spot Program

709001 Beaufort-Carngham Road Black Spot Exp 0 554,000 554,000 500,743 53,257 508,000 E 7,257 -

709002 Beaufort-Carngham Road Black Spot Grant Inc 0 (554,000) (554,000) (508,000) (46,000) (508,000) I - -

Black Spot Total 0 0 0 (7,257) 7,257 0 7,257 0

Land

702001 Beaufort Industrial Estate - Land Purchase 0 190,909 190,909 197,821 (6,912) 197,821 LFS - -

702012 Beaufort Residential Estate - Land Purchase 155,000 266,855 266,855 228,441 38,414 266,855 LFS - -

702019 Residential Land Development - Beaufort Stage 3 & 4 610,000 584,394 584,394 258,063 326,331 730,077 LFS 472,014 236,000

760112 Beaufort Industrial Estate RDV Grant Inc 0 - - - - - I - -

750073 Beaufort Industrial Land Inc 0 - - - - - I - -

702024 Avoca Industrial Estate Land Exp 10,000 90,000 90,000 3,864 86,136 90,000 LFS 86,136 -

750076 Beaufort Residential Land Sale Stage 1 Inc 0 - - - - - I - (90,000)

750080 Beaufort Residential Land Sale Stage 2 Inc (374,000) (264,010) (264,010) (302,727) 38,717 (287,818) I 168,000 (168,000)

750082 Beaufort Residential Land Sale Stage 3 Inc 0 - - - - - I (168,000) (117,500)

750074 Avoca Industrial Estate Land Inc (40,500) (40,500) (40,500) (221,300) 180,800 (221,300) I - (80,500)

702520 Land Sales Selling Costs Exp 0 - - 38,986 (38,986) 40,000 NCE 20,000

404520 Land Sales Selling Costs Exp 0 - - - - - NCE -

Land Total 360,500 827,648 827,648 203,148 624,500 815,635 558,150 (200,000)

Land & Improvements

702054 Living Landsborough Streetscape & Hall Upgrade Exp 0 130,000 130,000 12,367 117,633 485,000 E 472,633 -

762054 Living Landsborough Grant Inc 0 (97,500) (97,500) (180,000) 82,500 (330,000) I (150,000) -

773079 Living Landsborough Caravan Park Cabins Contribution (70,000) (70,000) (70,000) - (70,000) (75,000) I (75,000) -

702055 Raglan & Redbank S/C & Raglan, Redbank & Barkley Hall

Upgrade Exp

0 180,000 180,000 - 180,000 343,200 E 343,200 -

762055 Raglan & Redbank S/C & Raglan, Redbank Hall Upgrade

Grant Inc

0 (135,000) (135,000) - (135,000) (227,400) I (227,400) -

762056 Raglan & Redbank S/C & Raglan, Redbank Hall

UpgradeContribution

0 - - - - (65,900) I (65,900) -

702058 Waste Strategy Transfer Station Upgrades Exp 0 - - - - - E - 55,000

762058 Waste Disposal Charges for Capex Inc 0 - - - - - I - (55,000)

702061 Avoca High Street Shade Exp 0 - - - - - E - -


2016-2017

762061 Avoca High Street Shade Inc 0 - - - - - I - -

702059 Flood Study Planning Beaufort/Avoca/Waubra/Lexton Exp 0 - - - - - NCE - 31,000

702065 Moonambel Water Supply Business Case Exp 0 - - - - - NCE 42,565 -

702046 Moonambel Water Supply Concept Plan Exp 0 25,065 25,065 12,500 12,565 25,065 NCE - 260,000

762039 Moonambel Water Supply Planning - State Inc 0 - - - - - I 150,000 (200,000)

762046 Moonambel Water Supply Planning - Federal Inc 0 - - - - - I (180,000) -

Land & Improvements Total (70,000) 32,565 32,565 (155,133) 187,698 154,965 310,098 91,000

Recreation Projects

702022 Croquet Club Development 0 10,303 10,303 14,836 (4,533) 14,011 NCE 3,000 -

702041 Beaufort Pool Upgrade Exp 0 - - - - - E - 102,000

762041 Beaufort Pool SV Pools Grant Inc 0 - - - - - I - (75,000)

702056 Playground Equipment Replacement Exp 0 - - - - 10,000 E - 10,000

702060 Hardcourt Renewal Program Exp 0 - - - - - E - 102,000

762060 Hardcourt Renewal State Grant Inc 0 - - - - - I - (75,000)

702017 Recreation Strategy & Walkability Plan Project Exp 0 - - - - - E - 102,000

Recreation Projects Total 0 10,303 10,303 14,836 (4,533) 24,011 3,000 166,000

Buildings

762045 Avoca Hall - PLFF Inc 0 (21,000) (21,000) (21,000) - (21,000) I - -

703018 Lexton Community Facilty Upgrade Exp 0 - - - - - E - 1,122,000

763017 Lexton Community Facility Federal Grant Inc 0 - - - - - I - (500,000)

763018 Lexton Community Facility State Grant Inc 0 - - - - - I - (500,000)

763019 Lexton Community Facility Local Contribution Inc 0 - - - - - I - (50,000)

773070 Waubra Community Hub Contributions 0 - - (2,000) 2,000 (2,000) I - -

703095 Beaufort Caravan Park Improvements Exp 100,000 100,000 100,000 - 100,000 100,000 E - 140,000

762047 Beaufort Caravan Park - State Govt Funding Inc (100,000) (110,000) (110,000) (10,000) (100,000) (110,000) I - (102,500)

703076 Avoca Caravan Park Improvements Exp 100,000 196,000 196,000 - 196,000 196,000 E 96,000 108,000

773076 Avoca Caravan Park Contributions for Works 0 - - - - - I - -

763077 Avoca Caravan Park- State Govt Funding Inc (100,000) (100,000) (100,000) - (100,000) (100,000) I - (79,500)

703009 Beaufort Depot Upgrade Planning xp 5,000 5,000 5,000 - 5,000 5,000 E Plan development for car park and house 5,000 -

703010 Avoca Depot Upgrade Planning Exp 5,000 5,000 5,000 - 5,000 5,000 E Plan development for Avoca depot 5,000 -

703019 Avoca Depot Upgrade Exp 0 - - - - - E - 50,000

703077 Telecommunications Improvements Exp 50,000 200,000 200,000 - 200,000 200,000 NCE $50K for 4 years. Mobile phone tower at

Moonambel.200,000 25,000

703069 Building Renewal Program 63,000 71,806 71,806 66,256 5,550 71,806 E 5,550 72,000

703093 Beaufort Town Hall - Change Rooms Exp 0 10,000 10,000 - 10,000 10,000 E 10,000 -

762048 Landsborough Caravan Park - LG Inf F Inc (70,000) (70,000) (70,000) - (70,000) - I - -

703096 Landsborough Caravan Park Improvements - Cabins Exp 140,000 140,000 140,000 - 140,000 - E - -

Buildings Total 193,000 426,806 426,806 33,256 393,550 354,806 321,550 285,000

Furniture and Equipment

704001 Furniture & Fittings 10,000 10,000 10,000 13,289 (3,289) 17,000 E - 15,000

704002 Furniture & Fittings Non-Captial 0 - - 2,175 (2,175) 3,000 NCE - -

704011 IT Purchases 75,000 75,000 75,000 52,157 22,843 75,000 E 20,000 77,000

704031 Library Collection Purchases 0 50,000 50,000 24,300 25,700 50,000 E - 52,000

750072 Furniture & Fittings Inc 0 - - - - - I - -

Plant and Equipment Total 85,000 135,000 135,000 91,922 43,078 145,000 20,000 144,000

Plant Purchases

706003 Plant Purchases 388,000 684,738 684,738 247,342 437,396 510,738 E 323,169 400,000

706004 Minor Plant Purchases 10,000 10,000 10,000 - 10,000 10,000 E - 10,000

750070 Plant Sales Inc (72,000) (72,000) (72,000) (42,250) (29,750) (72,000) I (39,600) (75,000)

706005 Motor Vehicles Purchases 375,000 466,892 466,892 392,354 74,538 466,892 E 14,319 375,000

750071 Motor Vehicle Sales Inc (200,000) (250,547) (250,547) (190,327) (60,220) (250,547) I - (200,000)


2016-2017

Plant Purchases Total 501,000 839,083 839,083 407,118 431,965 665,083 297,888 510,000

Net Capital Expenditure 2,739,500 4,001,765 4,001,765 2,193,355 1,808,410 3,889,860 1,573,615 2,848,500

CAPITAL PROJECTS

E Capital Expenditure 5,917,000 7,241,710 7,241,710 5,744,275 1,497,435 7,458,738 1,412,800 6,925,692

LFS Land Development Capitalised to Current Assets 775,000 1,132,158 1,132,158 688,189 443,969 1,284,753 558,150 236,000

NCE Non-Capital Expenditure 50,000 235,368 235,368 68,496 166,872 282,076 245,565 336,000

I Income (4,002,500) (4,607,471) (4,607,471) (4,307,606) (299,865) (5,135,707) (642,900) (4,649,192)

Net Capital Expenditure 2,739,500 4,001,765 4,001,765 2,193,355 1,808,410 3,889,860 1,573,615 2,848,500

A report on misuse of council resources

June 2016

Ordered to be publishedVictorian government printer

Session 2014-16P.P. No. 172

1

To

The Honourable the President of the Legislative Council

and

The Honourable the Speaker of the Legislative Assembly

Pursuant to sections 25 and 25AA of the Ombudsman Act 1973, I present to Parliament my report on misuse of council resources.

Deborah Glass OBE

Ombudsman

8 June 2016

Letter to the Legislative Council and the Legislative Assembly Contents

Foreword 2

Introduction 4

Methodology 6

Case study 1: Driveway quid pro quo 9The allocation of work to private contractors 9Allegation 1: Excavation of a driveway at the home of the Construction Supervisor’s mother 10Allegation 2: Favouring contractors who provide hospitality 12Findings 13

Case study 2: Use of a fuel card for private purposes 15

Use of the small equipment fuel card 16Findings 19

Case study 3: Procurement and recruitment 21Allegation 1: Council officers purchased council equipment for private use 22Allegation 2: Manager A employed and promoted a close relative without due process 35Findings 39

Conclusions 43

2 www.ombudsman.vic.gov.au

Foreword

I want you to do my mum’s driveway, because I give you so much work, you can do it for free and I’ll give you more work.

Sometimes my office deals with a series of cases that individually say little but collectively tell a significant story. This is a story of greedy officials. The three investigations set out in this report all involve allegations of misuse of public property by local council officers. One involved a council contractor paving a council officer’s mother’s driveway; another involved the misuse of a council fuel card to fuel an officer’s own car for some two years; and the third involved officers buying machinery and equipment with council funds for private use.

The amounts involved are not huge in comparison with recent corruption scandals. But it is precisely the fact that they do not involve big sums that makes the wrongdoing so pernicious – local officials who either do not recognise that their conduct is wrong but see it as a perk of the job, or who think they can get away with it because no one will notice. And all too often people do not notice and the risk escalates of a minor misuse of public funds becoming a major one. In the case of the driveway, for example, the crushed rock was worth only a few hundred dollars, but the contractor felt the pressure to do the job or lose the council’s business.

I am tabling this report in Parliament to draw attention to what appears to be an endemic problem within local government: despite codes of conduct that highlight the need for officials to act with honesty and integrity and avoid conflicts of interest, and despite the many people working in the sector who abide by those codes, too many people still do not recognise that codes of conduct apply to them, or simply do not care. Compliance and enforcement of codes of conduct is inconsistent and often relies on whistleblowers coming forward, rather than good governance and supervision.

All three of these cases were ‘protected disclosures’ – that is, they involved whistleblowers – and confirm the importance of a strong regime to allow people to report misconduct and protect them from reprisal when doing so.

The message in these cases should not be new or surprising to anyone: it is wrong to receive a private benefit from public office. My recommendations that individuals be disciplined for breaches of the code of conduct have been accepted by the councils involved in all but one instance, but this will not solve the wider cultural problem that plainly exists.

3

This problem has been highlighted in numerous reports by ombudsmen and anti-corruption bodies across Australia, including my own office and Victoria’s Independent Broad-based Anti-corruption Commission (IBAC), with examples of council employees over-ordering turf, gravel, concrete and landscaping supplies to use for private purposes, including running businesses on the side. The reports repeatedly highlight the failure of management to supervise; workplace cultures where management is remote or invisible; and council employees, many of long standing, operating in small fiefdoms.

Managers ignore alarm bells, which should have tolled loudly when the head of the unit that acquired machinery for private use cancelled his leave when told that an officer outside the unit would act in his role. Bad or suspect behaviour is not challenged out of fear of reprisal including, for contractors, the fear of losing council business. This is no small matter in industries where local councils are often the largest customer in the region.

Much guidance already exists on how these issues can be avoided and healthy workplace cultures promoted, most recently by IBAC in its review of local council work depots in May 2015. The fact that warnings have been so oft repeated goes to a combination of failed practice and flawed culture.

These sorts of misdemeanours repeat across the state, as is clear from IBAC and the work of my office: the specifics might vary but the moral challenge is the same. I urge all those in local government – staff and councillors – to read this report and ask: Could any of these things happen here? If so, you have an obligation to your ratepayers to make changes in your culture and procedures before small private misuse becomes a large public scandal.

Deborah Glass

Ombudsman

foreword


1. The purpose of this report is to draw attention to the types of low-level abuses of power that occur from time to time in local government, and are the subject of numerous complaints and protected disclosures investigated by my office. The case studies presented here cover outer metropolitan, metropolitan and regional councils, and are intended to illustrate the issues with governance, monitoring and culture that they can face.

2. All three matters relate to protected disclosure complaints referred to me by IBAC for further investigation pursuant to section 73 of the Independent Broad-based Anti-corruption Commission Act 2011. They were the subject of investigations conducted by my office between February 2015 and May 2016.

3. As case studies, they have been anonymised, to reinforce the point that my office deals with many such allegations. As these cases are presented as a representative sample of the issues, it would not have been fair to single out individuals or councils for public exposure. The investigations also included some unsubstantiated allegations, which have not been included in this report.

4. The matter involving the outer metropolitan council was referred to IBAC following an internal investigation by the council into a number of complaints about a staff member [the Construction Supervisor]. The council’s investigation identified two allegations that required referral to IBAC on the grounds that they may be assessable disclosures.

5. IBAC determined these two disclosures to be protected disclosure complaints, and referred them to my office for investigation.

6. The main allegation was that:

a council staff member [the Construction Supervisor] offered a contractor regular work through council projects if he undertook excavation work at a residential property at no cost.

7. The matter involving a metropolitan council was referred to IBAC after the council’s protected disclosure coordinator received an oral complaint. IBAC determined the allegation to be a protected disclosure complaint and referred it to my office for investigation.

8. The allegation was that:

a staff member [Team Leader Z] was using a council fuel card to refuel his private vehicle for private purposes.

9. The matter involving a regional council was received as an oral complaint to one of the council’s directors on 9 January 2015 and forwarded to the council’s protected disclosure coordinator. The matter was then referred to IBAC, who determined the allegation to be a protected disclosure complaint and referred it to my office for investigation.

10. The allegation was that:

staff working in one of the units [Manager A and Coordinator A] had purchased equipment with council funds for private use.

Introduction

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11. A related disclosure that arose during the course of this investigation was that:

Manager A employed and subsequently promoted a close relative [Support Officer] to a management role in his unit, in breach of the council’s recruitment and selection policies.

12. My jurisdiction to investigate protected disclosure complaints is derived from section 13AAA of the Ombudsman Act, which provides that I have the function to investigate protected disclosure complaints about conduct by or in an authority or protected disclosure entity. A member of staff of a council is listed as a ‘specified entity’ at item 15 in Schedule 1 to the Act, and therefore meets the definition of ‘authority’.

13. In all three instances I wrote to the Minister for Local Government, the Hon Natalie Hutchins MP, and the chief executive officer, mayor and protected disclosure coordinator of the relevant councils, informing them of my intention to conduct an investigation and the outcomes of my investigation.

introduction


Methodology

14. The investigations referred to in this report involved the following.

Case study 1: Alleged improper conduct by an officer of an outer metropolitan council: driveway excavation

15. My investigation involved:

• reviewing the council’s initial investigation into the complaints

• interviews with four members of council staff

• interviews with three contract staff

• examining relevant council policies and procedures, including its gift and hospitality policy, procurement policy and user guide, and applicable code of conduct

• reviewing council documents including contracts, project documentation, forms and staff profile documentation.

16. Of the seven people interviewed during my investigation, six were interviewed voluntarily and one compulsorily. Three witnesses were accompanied at interview by a legal representative and two were accompanied by a support person.

Case study 2: Use of a fuel card for a private vehicle in a metropolitan council


• examining relevant council policies including its:

• code of conduct

• motor vehicle policy

• driver and operators handbook

• examining documents held by the council including:

• Team Leader Z’s personnel file, leave records and timesheets

• lists of equipment and vehicles assigned to Team Leader Z’s team and associated fuel cards

• fuel card transaction reports between September 2014 and October 2015

• obtaining and reviewing closed-circuit television (CCTV) footage from a service station recorded on 13 and 24 November 2015

• conducting interviews with four witnesses (including one telephone interview). Two witnesses were interviewed under oath via a ‘compulsory appearance’ under the Ombudsman Act. The other two interviews were voluntary appearances. No witnesses were legally represented; however, one witness attended with a union representative.

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Case study 3: Purchase of council equipment for private use and recruitment of a close relative in a regional council


• considering the Local Government Act 1989

• examining relevant council policies and procedures including its:

• code of conduct

• procurement policies

• recruitment process

• recruitment and selection policy

• enterprise agreement

• examining documents held by the council including:

• personnel files of Manager A, Coordinator A and the Support Officer

• Manager A’s council emails and leave records

• asset registers, 2014 and 2015

• lists of minor equipment purchases, 2014 and 2015

• lists of maintenance services, 2014 and 2015

• quotes, requisitions and purchase orders for identified equipment purchased by Manager A’s unit

• test-and-tag records of equipment purchased by Manager A’s unit

• interviews with seven witnesses. Four witnesses were interviewed under oath via a ‘compulsory appearance’ under the Ombudsman Act: three were supported by union representatives and the fourth was supported by a relative. Voluntary interviews were also conducted with three witnesses, none of whom were represented

• background information from six witnesses including a former council officer and officers of other councils.

Finalising the reports19. In all the matters where there were

adverse comments about any individuals, those people were, in accordance with section 25A(2) of the Ombudsman Act, provided with a reasonable opportunity to respond to the material in the reports. Their responses were taken into account in finalising the reports. Their responses were also fairly set out in the final reports.

20. In all three matters the councils were provided with a draft report, with a reasonable opportunity to respond to the material in the reports. Again, their responses were taken into account in finalising the reports and their responses were fairly included in the final reports. In two of these matters the councils accepted all of the recommendations, including that the subjects of the investigations face disciplinary action and that council procedures and policies be amended to reduce the risk of similar conduct occurring in the future. In one of the matters the council accepted a majority of the recommendations.

methodology


21. In accordance with section 25A(3) of the Ombudsman Act, I advise that any other people who are identifiable or may be identifiable from the information in this report are not the subject of any adverse comment or opinion. No individuals are named in this report. If any are identifiable:

• I am satisfied that it is necessary or desirable to do so in the public interest

• I am satisfied that identifying those persons will not cause unreasonable damage to those persons’ reputations, safety or wellbeing.

22. My findings are detailed at the end of each case study and are made pursuant to section 23(2A) of the Ombudsman Act.

23. The standard of proof that was applied in each investigation was the balance of probabilities, and I also applied the High Court decision of Briginshaw v. Briginshaw.1 In keeping with this decision, I considered the seriousness of the allegations and the gravity of the consequences if the allegations were substantiated.

1 (1938) 60 CLR 336

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Case study 1: Driveway quid pro quo

Council contractor offered regular work in return for excavating council officer’s mother’s driveway

I want you to do my mum’s driveway, because I give you so much work, you can do it for free and I’ll give you more work.

24. The allegations my officers investigated were that a council Construction Supervisor:

• offered a contractor regular work on council projects if he undertook excavation work at a residential property for no payment

• favoured contractors who provided hospitality and failed to make appropriate declarations in accordance with council policy.

25. Specifically it was alleged that on a Saturday morning in September 2012 a private council contractor [Contractor B] was asked by the Construction Supervisor to dig out his mother’s driveway, and that there was no payment for this work.

The allocation of work to private contractors

26. My officers examined the process by which council construction work was allocated to private contractors, and the Construction Supervisor’s involvement and influence on these decisions. While the Construction Supervisor had no official involvement in the process, my investigation identified that, in reality, he and other construction supervisors had a significant influence over which contractors were allocated work with the council.

27. The council had a number of construction crews, which could be supplemented by private contractors depending on the workload. All contractors were on a preferred supplier list for which the council issued a tender process every three years. Successful contractors were then given a schedule of rates contract, and work was allocated as required, managed by Manager A.

28. At interview Construction Engineer A said that he and the Construction Supervisor decided on the project requirements and bid for additional resources from Supervisor B, sometimes on a daily basis. Construction Engineer A said that the method of bidding centrally was designed to increase control over resources.2

29. When asked how the relationship between the Construction Supervisor and Manager A worked, Construction Engineer A said:

The Construction Supervisor [CS] has more experience as to what is actually required on-site, so we usually work this out together. We make an estimate for each project, and the days we plan to have the plant on site … If they know that somebody is a very efficient worker, they will ask, but there is no guarantee that they will get what they want … [Manager A] normally allocates council-employed backhoes first … But once all council employees have been allocated and an external will be allocated, the CS will ask if a specific person can be allocated. The CS will consider cost and efficiency, and that’s the only reason we ask for specific people to be put on jobs. We never ask for external officers if council operators are available.3

2 Interview with Construction Engineer A, 26 May 2015

3 Interview with Construction Engineer A, 26 May 2015

case study 1


30. As part of my investigation Manager A was interviewed. It was his responsibility to resource each of the construction teams. Manager A said:

I’ve been three years in the actual role. … The abuse and stuff, I copped a fair bit being the meat in the sandwich I guess. Just trying to keep everyone’s job … Some people didn’t get who they wanted or what they wanted so I used to cop it quite a lot. Yes so it just got to the stage where I couldn’t deal with it anymore … So I guess like [the Construction Supervisor] when I tried to put one of my staff members on … we always ended up in a big fight because I didn’t give him one of the two that he liked at the time. Then down the track I don’t know what happened but he just didn’t want [Contractor B] just [Contractor C] … From my point of view I would just look at those fights – it was worthless…

31. Manager A also said:

When I try to sort out the jigsaw puzzle and I ring them back and say look this is what’s going on, I get, ‘Oh why have I got him?’… then you get the arguments … they would use things like, they are not performing … they would pick things which they thought were legit.4

4 Interview with Manager A, 26 May, 2015

Allegation 1: Excavation of a driveway at the home of the Construction Supervisor’s mother

32. At interview, Contractor B confirmed that on 8 September 2012 he conducted excavation work on a driveway at a private property that he understood to be the Construction Supervisor’s mother’s house. Contractor B said that he was not paid any money for this work and that instead the Construction Supervisor had said words to the effect of:

I want you to do my mum’s driveway, because I give you so much work, you can do it for free and I’ll give you more work.5

33. Contractor B said that he believed that if he had not carried out this work as requested he would not have been allocated future council work by the Construction Supervisor.

34. It was further alleged that crushed rock from a council construction site had been used for the driveway and that another contractor, Contractor A, had used his truck to deliver that rock and carry away soil and debris from the site.

35. When questioned, Contractor A said that he recalled conducting the work at the Construction Supervisor’s mother’s house and that he received three slabs of beer by way of payment. Contractor A said that he was happy with the arrangement and did not feel that he was under any pressure to do the job.

5 Statutory declaration of Contractor B, 16 October 2015

11case study 1

36. Contractor A denied that the crushed rock for the work was obtained from a council work site. He said that he received money from someone at the house for the rock, although he could not recall who. Contractor A said that he collected the crushed rock, which he estimated to be around 12 cubic metres, from a local company on the morning he did the work. Contractor A said that he believed that he had paid about $200 for the rock, and that he had paid in cash.6

37. My officers made enquiries with the company, which advised that the only purchase of crushed rock for cash on 8 September 2012 was for nine cubic meters, not the 12 cubic metres mentioned by Contractor A. Furthermore the transaction was from 4.28 pm that afternoon, not in the morning, and was delivered in three separate three cubic metre loads at a cost of $160, not picked up as per Contractor A’s evidence.

38. At interview the Construction Supervisor confirmed that he had used council contractors – Contractor A and Contractor B – to carry out the work on his mother’s driveway in September 2012. When asked whether he had paid these contractors for their work the Construction Supervisor said:

… it was just beer and food not as in money.7

39. The Construction Supervisor said that he was unable to recall much detail about the arrangements and the work itself, including the cost or where the materials to do the work came from. The Construction Supervisor was adamant, however, that he had not taken it from a council work site. He said:

No I wouldn’t have done that …

6 Interview with Contractor A, 2 July 2015

7 Interview with Construction Supervisor, 15 June 2015

40. When asked why he could not recall the details of the work at his mother’s house he said:

Because I use so many different things and how long ago it was. It’s hard to remember where I got it from and even how much it costs. Because they’re not things I would easily remember.

41. The Construction Supervisor denied asking Contractor B to do the work at his mother’s house for free, or that he said that he would continue to give Contractor B council work in return. He said:

No. I can’t guarantee him work … it’s about 80 per cent of the time I get who I like … I haven’t got 100 per cent of being able to choose who I want.

42. When evidence of him apparently exerting pressure on Manager A to get the contractors he wanted was put to him, the Construction Supervisor said:

I wouldn’t say exert pressure, no. There are times when you turn around and say that you would prefer that person, but when it comes down to it we are given a particular person and there is no other option … I can’t have any influence into what the plant is. I can tell the office I don’t want a person because they are working unsafely or they are not being productive, but I can’t stipulate to the office that I want a specific person …

43. The Construction Supervisor was asked if there were any records of complaints made by him about contractors and reasons for refusing them. He said:

We usually ring the office and let them know that we are unhappy … No I don’t [keep records] … I would say it’s more the office’s job because he is the one ordering the plant for the next day’s work.

44. The Construction Supervisor said that he had no knowledge of there being any council forms for such feedback on contractors to be recorded.8

8 Interview with the Construction Supervisor, 15 June 2015


Allegation 2: Favouring contractors who provide hospitality

45. It was also alleged that the Construction Supervisor favoured contractors who provided him with hospitality and that he failed to declare this hospitality in accordance with council policy.

46. In particular, it was alleged that the Construction Supervisor had been provided with hospitality at a major sporting event by a particular contractor. Following the provision of this hospitality, it was alleged that the contractor was rewarded with additional work by the Construction Supervisor.

47. Both disclosers alleged a culture of gifts or hospitality being provided by private contractors in return for work with the council construction teams. The Construction Supervisor in particular was singled out as giving work to his friends. Discloser A said at interview:

His workers actually told me … mate, don’t get too comfortable here. You won’t be here for long. It’s just a matter of who offers him a nice gift. He’ll go with that … company … These are the council workers who are with him every day on his team.9

48. Discloser B said at interview:

… if you’re mates with [the Construction Supervisor], you’re laughing, feed [the Construction Supervisor] grog, you’re laughing. You got no problems at all. He’ll look after you till the world’s end. But if you don’t give him help, look after him, then he’ll short sheet you as well. If there’s two machines on the job, he might give one eight, the other seven and a half [hours]. That’s how he gets around it. He looks after his mates.10

9 Interview with Discloser A, 26 March 2015

10 Interview with Discloser B, 30 March 2015

49. Discloser A also recalled that the Construction Supervisor was taken to a sporting event by Company A. He alleged that since that time Company B had not worked with the Construction Supervisor’s crew, with Company A the preferred contractor.

50. At interview the Construction Supervisor was asked how long he had worked with Company B and why he had stopped doing so. He said:

Probably a year and a half. He got so complacent over that time … so that’s why I ended up going back to Company A, which I had before …. I do have that choice yes…

51. A review of the council’s gifts register shows that the Construction Supervisor declared receipt of this hospitality at the sporting event from Company A on 30 August 2014, listing its value as $25.00.11 Initial enquiries conducted by the council into these matters showed that Company A had a six-seat box at the sporting event that included food and refreshments service throughout the game, at an average cost of $190–220 per head.12

52. At interview the Construction Supervisor could not recall if he was in a box and could not remember if there was food and drink available. He was asked why he declared the ticket as being valued at $25. He said:

Because it was from [Company A]. It was like everything that we have to do. If we receive any gifts or anything like that … I am pretty sure I spoke to one or two other gentlemen at the council and they said, that’s what tickets are worth … I can’t remember.

11 Council Declaration of Token dated 29 August 2014

12 Printed advertisement for open air boxes, 2014

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53. The Construction Supervisor was shown that the date of the sporting event was 30 August 2014 and reminded that a relevant job was conducted during August 2014. He was asked if the reason for the change in company was a result of the hospitality. He said:

No … like I said the reason why was the way that [the manager] was doing his job. Prior to that, [Company A] were coming up to me for six to eight months, you know, phone calls and things, asking me if I wanted to start using them again. And it was over a period of time [Company B] hadn’t been doing their job the way that they should be and I’d been weighing it up for a little while to go back to [Company A].

54. As noted above, the Construction Supervisor was not required to provide any written justification for this change of preference in contractors.

55. I noted that there were declarations on the register from two other council staff who received the same hospitality from Company A, and who also put the value at $25. Like the Construction Supervisor’s declaration, these had been signed off by a senior manager.

Findings56. The evidence substantiated the allegation

that the Construction Supervisor used council contractors to perform private works at his mother’s home, albeit on a weekend, and that no financial remuneration or benefit was paid.

57. Due to his position, and the willingness of Manager A to acquiesce to his demands, the Construction Supervisor appeared to have been in a position to hold out promises of future work to contractors. I found the evidence of Contractor B to be credible and that the Construction Supervisor did request that this work be completed on the promise of further work being offered to the contractors.

58. Regarding the origins of the crushed rock used on the Construction Supervisor’s mother’s driveway, while I noted that Contractor A’s evidence went some way to support the Construction Supervisor’s version of events, his explanation of where the rock was obtained was not supported by the independent evidence obtained by my investigation. The Construction Supervisor could not recall any details about the crushed rock but was adamant that it did not come from council stock. Neither the Construction Supervisor nor Contractor A gave credible evidence in this regard.

59. According to Construction Engineer A, excess crushed rock is not common and is held at the council’s depot. All construction supervisors have access to the depot, but responsibility for the excess falls to the construction supervisor on the project that generated it. Construction Engineer A was adamant that excess materials would only be used for other council projects not personal use. There is no policy on what to do with this type of material as far as he was aware.

60. My investigation found there were no written procedures for removing material from council depots. When materials were removed, no records were made of what, when or by whom.

61. While an inference could be drawn that the materials to construct the driveway at the Construction Supervisor’s mother’s home could have been obtained from the council depot, given the lack of records that were kept by the council, I was unable to make any such finding on the evidence available.

case study 1


62. Regarding the receipt of hospitality from a council contractor I found that this allegation was substantiated. I considered that it was inappropriate for the Construction Supervisor to have accepted such an offer of hospitality from a contractor to the council. This appears then to have been compounded by devaluation of the hospitality and, at interview, an inability to recall any details of the event.

63. After consideration of my investigation, the council confirmed it would take disciplinary action against the Construction Supervisor for his breaches of the procurement policy and code of conduct.

64. The council also advised that a review and report had been completed with respect to the processes and practices for engaging external contractors, that a review of processes for storing and disposing of excess materials from project sites would be undertaken and that depot staff would be undertaking fraud awareness training to strengthen their knowledge and understanding of the gifts and hospitality policy.

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Honestly I didn’t think there was a problem with what I was doing. But when you look back now, seems pretty silly to think that. I never stopped and thought about it, I just went about my daily business, doing what I thought was a good job for the council, doing extra things … I look at that $4,000 number and think, that’s pretty bad …

65. The allegation my officers investigated was that Team Leader Z, who works at a metropolitan council, used a council fuel card to refuel his private vehicle for private purposes.

66. Team Leader Z started work with the council in 2008 and was appointed as a team leader in 2013. He was based at the council’s operations centre and lived about 37 kilometres away. His normal working hours were from 6.30 am to 3.30pm.13

67. From his appointment until mid-2015, Team Leader Z reported to Coordinator Y.14 His reporting line then changed to Coordinator X. Manager W was responsible for a number of teams at the operations centre, including Team Leader Z’s.15

68. Team Leader Z had access to a council commuter vehicle when he acted in the role of team leader intermittently from 2008 to 2013. This ceased after his permanent appointment to the role in 2013 due to a change in classification.16 The discloser alleged that Team Leader Z told other council staff that he had been using a council fuel card to fuel his private vehicle in order to ‘get back at the council’ for taking away his access to a commuter vehicle.

13 Interview with Team Leader Z, 16 December 2015

14 Email from the protected disclosure coordinator at the council, 21 December 2015

15 Council organisational charts, undated

16 Interview with Team Leader Z, 16 December 2015; interview with Coordinator Y, 23 December 2015

69. At interview under oath on 16 December 2015, Team Leader Z said that not having access to a commuter vehicle like other team leaders was a ‘frustration’ and that he believed it was ‘unfair’.

70. During my investigation, the council advised that Team Leader Z had access to seven fuel cards, allocated to vehicles and equipment used by his team. Of the seven cards, five were assigned to specific vehicles or large pieces of equipment. Of the other two, one was a generic fuel card that could be used for any fuel type or oils, and the other was a card for refuelling small equipment.17

71. Manager W advised that as team leader, Team Leader Z was the custodian of the small equipment card:

Team Leaders assume responsibility for the small plant cards at appointment or the expiry of subsequent cards, there is no formal instrument acknowledging their use however [Team Leader Z] would have been given access to the card at the time of commencement in the role.

At the time no formal written instructions were given regarding its use, team leaders are verbally informed of the card’s purpose.18

72. Manager W advised that the amount of fuel he would expect to see in one transaction using the small equipment card was about 20 litres and that he would not expect to see any transactions where fuel was purchased outside the council area.

17 Email from Manager W, 29 October 2015; fuel transaction reports attached to email from Manager W, 13 November 2015

18 Email from Manager W, 16 November 2015

case study 2

Case study 2: Use of a fuel card for private purposes


Use of the small equipment fuel card

73. My officers reviewed the fuel transaction reports for the three fuel cards assigned to Team Leader Z with which unleaded petrol could be purchased, including the small equipment card. The reports for two of the cards showed a reasonable number of transactions, all of which were relatively small in size and occurred at Service Station A in close proximity to the council’s operations centre. However, the reports for the small equipment card showed excessive and unusual transactions when aligned with the card’s approved purpose, the council’s location and Manager W’s evidence of the amount of fuel he would expect to see in one transaction.19

74. Reports from September 2014 to October 201520 showed a total of 49 transactions on the card, amounting to $3,921.66.21 Of these:

• 28 transactions occurred at Service Station B located approximately three kilometres from Team Leader Z’s home, and approximately 35 kilometres from the council’s operations centre.

• 38 transactions were for 60 litres or more, and three transactions were for an amount under 50 litres.

• 38 transactions occurred outside Team Leader Z’s normal working hours.

• Seven transactions occurred on a Saturday, and a further one on a Sunday, with no record of overtime being worked by Team Leader Z on these dates.22

19 File note from telephone conversation between Manager W and Victorian Ombudsman officer, 13 November 2015, 4.20 pm

20 At the time of my officers’ request to the council, the November 2015 report was not available.

21 Fuel transaction reports attached to email from Manager W, 13 November 2015

22 ibid.

75. As a result of my enquiries with Service Station B for times and dates when the small equipment card had been used, a further three transactions were identified totalling $245.40.23 When combined, the total amount charged to the small equipment card from September 2014 to November 2015 was $4,167.06.

76. My officers obtained CCTV footage from Service Station B for two of the three further transactions,24 both of which related to purchases of fuel of around 65 litres. The footage on both occasions showed Team Leader Z paying for fuel using a card, which correlated to the times of transactions on the small equipment card. On one occasion, the footage showed Team Leader Z putting the pump nozzle of the petrol bowser into his private vehicle minutes prior to the time of the transaction on the small equipment card.

77. At interview under oath, Team Leader Z was shown both pieces of CCTV footage. He confirmed that it showed him and his private vehicle, and that he had used the council fuel card. He was also shown a list of the small equipment fuel card transactions over the preceding year, at which time he admitted that he:

• was responsible for the majority and they were purchases of fuel for his private vehicle

• had been frequently using the card to refuel his private vehicle for about two years; as such, transaction reports prior to September 2014 would show a similar frequency of transactions and most of these would relate to fuel for his private vehicle

• had refuelled his wife’s vehicle on at least one occasion because he drove it to work that day.

23 Transaction receipt printouts dated 7 November 2015, 7.11 am; 13 November 2015, 5.30 am; 24 November 2015, 5.52 am, received from operator of Service Station B

24 The footage for the first transaction was not available.

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78. Team Leader Z said that the small equipment card was the only council fuel card he had used to refuel his private vehicle.

Use of card while on leave79. Seven transactions occurred while Team

Leader Z was on leave,25 and all of these were outside the council area.26 The locations and the fact that Team Leader Z was on leave at the time of the transactions suggest none of these were business-related. When asked about the basis on which he used the card while on leave, Team Leader Z said ‘stupidity’, and he acknowledged that these fuel purchases mostly related to private use of his vehicle.

Alleged authorisation from former manager

80. While admitting to using the card for his private vehicle, Team Leader Z said he was given permission in about November 2013 by his then manager, Coordinator Y, to use the fuel card for his private vehicle if he needed to do jobs while travelling to or from work:

For the first probably six months to a year of being in the role, I had use of a commuter vehicle … and then they asked me to stop taking the vehicle home but advised me that if I needed to do work with my vehicle I could use a council fuel card.…

There was a meeting we had about … when I was using the vehicle, I was doing these sort[s] of things on the way home to help with work, I was assessing jobs, putting witches hats out for jobs, dropping equipment off to suppliers, meeting with suppliers ... things like that, and I said ‘If I’m going to continue to do these things, how should I do it?’ And that’s when the advice was given. If I do those things, you can use the council … card.

25 Leave application forms contained within Team Leader Z’s personnel file between September 2014 and October 2015; Team Leader Z’s timesheets for the period September 2014 to October 2015

26 Fuel transactions reports attached to email from Manager W, 13 November 2015

81. Team Leader Z said that while he did have a conversation with Coordinator Y, he could not recall whether anything about the arrangement had been documented. He said that he had not spoken to anyone about the arrangement since this initial conversation more than two years ago, including his current manager; and nor had he checked with anyone whether his use of the fuel card for his private vehicle was still authorised.

82. Under oath, Coordinator Y denied providing any authorisation to Team Leader Z to use a council fuel card to refuel his private vehicle. He said:

I do recall a conversation about [Team Leader Z travelling] to and from work and … this was at this contentious time of [Team Leader Z] trying to get access to a vehicle. [He said] well I work on the way in and the way home. [I said] well okay you can’t do it. You need to go and do the task, bring the vehicle back, and then go home. …

I would have said that the work needed to be programmed in work time … don’t use your own car … there’s no circumstance … [where I] would say ‘yes do that’.…

These conversations … with [Team Leader Z] about the commuter use vehicle were him trying to find ways and levers to get back to using that vehicle or have access to a [council] vehicle. This is pushback that’s been going on for some months … I would not support the use of a council fuel card [for his private vehicle] at all.

case study 2


83. Coordinator Y said he was not aware that Team Leader Z had, as he claimed, completed jobs while travelling to or from work, and said he would be very surprised if Team Leader Z had done so but not claimed overtime, based on his experience working with him. He said that he never instructed Team Leader Z to work outside business hours, nor did he instruct him to work using his private vehicle. He said there was no need and little benefit in staff doing jobs on the way to or from work because:

[The council] is a very small municipality, very, very small indeed. It’s not as if it’s huge and there would be some benefit … if you lived to the north and travelling from the work centre, 15 kilometres out, setting up a work site, you’re only five kilometres from home, you’d take the vehicle home. It’s three kilometres north south east, it’s very very small. I would say ‘go and set it up in the morning, set up and come back and go home’. I just can’t see any time when I would say take a vehicle home.

Current manager84. Team Leader Z’s current manager,

Coordinator X, similarly advised my officers that he was not aware of any arrangement permitting Team Leader Z to use a council fuel card for his private vehicle for any reason.27 Coordinator X also told my investigation that:

All work activities … are to my knowledge always completed during work hours. I have never instructed staff to complete work tasks on there [sic] way home from work. My staff start work at 6:30am and finish at 3:30pm. If [Team Leader Z] is completing tasks … outside of the above hours then these are being completed on his own accord and without my knowledge.28

27 Email from Coordinator X, 4 December 2015

28 Email from Coordinator X, 23 December 2015

85. When asked at interview why he didn’t speak to Coordinator X about the arrangement when his reporting line changed, Team Leader Z said:

In hindsight, sitting here now I wish I did … go to [Coordinator X] and put my cards on the table and say ‘look I’ve been doing this, is this still supported?’. But I didn’t do that.…

Honestly I didn’t think there was a problem with what I was doing. But when you look back now, seems pretty silly to think that. I never stopped and thought about it, I just went about my daily business, doing what I thought was a good job for the council, doing extra things … I look at that $4,000 number and think, that’s pretty bad.

Private benefit86. At interview, Team Leader Z said that he

had not intended to privately benefit from his use of the council fuel card, however, acknowledged that, upon reflection, it was clear that he had. He said:

I never set out to rip off the council … it was a conversation I had with [Coordinator Y]. I believed it to be the right thing I was doing, no one had stopped or questioned or asked me. Since that arrangement, I believed it was business as usual. I never set out to rip anyone off, but when you put the evidence in front of me, I can’t deny that I probably have. And I’d love to take back time and not do it.

87. Team Leader Z also acknowledged that:

• the council would not approve the extent of his use of the fuel card for refuelling his private vehicle

• there were no records to differentiate the fuel he used for business purposes (i.e. jobs when travelling to or from work) and his private use of his vehicle

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• he was putting significantly more fuel into his vehicle than he was using for the jobs he did travelling to and from work

• based on the frequency of the fuel card transactions, which on many occasions were once every seven to 10 days, it was reasonable to conclude that he had rarely (if at all) paid for fuel himself for his private vehicle over the preceding year

• no one at the council had instructed or asked him to do additional jobs when travelling to and from work, and his current manager was not aware that he was doing such work

• there were no records to evidence the jobs he had undertaken on his way to or from work.29

Findings88. The investigation found that the allegation

against Team Leader Z was substantiated.

89. The evidence showed that Team Leader Z used the council small equipment fuel card extensively to refuel his private vehicle over at least the preceding two years, with the value for 14 months30 coming to $4,167.06. While the reports only go back to September 2014, Team Leader Z admitted to using the council small equipment fuel card for private purposes from around November 2013.31 Consequently, the total would far exceed $4,000.


30 From September 2014 to November 2015


90. On many occasions over the preceding year, Team Leader Z used the card for his private vehicle once every seven to 10 days, suggesting that he rarely, if at all, paid for any fuel himself. On some occasions, Team Leader Z used the card five or six times a month.32

91. While Team Leader Z stated that Coordinator Y authorised his use of a council fuel card to refuel his private vehicle when doing jobs while travelling to or from work, Coordinator Y denied providing any such authorisation; and there was no other evidence to indicate that this occurred. There was also no evidence to support Team Leader Z’s claim that he frequently did jobs while travelling to and from work using his private vehicle. In the absence of any documentary evidence relating to these jobs, I would expect Team Leader Z’s direct manager would have been aware that he was undertaking these jobs. Yet both his former and current manager said they had no knowledge of this. It was also apparent that Team Leader Z was not instructed to do such work, nor was this a requirement of his role. In particular, I noted Coordinator Y’s comment at interview that there was little benefit in staff doing jobs when travelling to and from work given the size of the municipality.

92. On balance, I did not accept Team Leader Z’s evidence that he was given permission to use a council fuel card to refuel his private vehicle when doing jobs while travelling to or from work. In my view, Team Leader Z used the council fuel card without authorisation or justification, and received a significant private benefit.

32 Fuel transaction reports attached to email from Manager W, 13 November 2015

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93. Team Leader Z’s use of the council fuel card for his private vehicle was in breach of the council’s code of conduct on the basis that he:

• did not act in a fair and honest manner

• acted for an ulterior motive and had not appropriately and responsibly used council resources.

94. In response to my draft report, Team Leader Z said:

I would like to set up a payment plan to reimburse the council as it was never my intention [to] breach councils [sic] code of conduct. I did not set out to misuse the council fuel card[.] I have always tried to work with council’s values of respect, courage and integrity.

Looking at the evidence I did make an error in judgement and misuse the card, which I deeply regret.

It is unfortunate that [Coordinator Y] cannot remember our conversation regarding the fuel card and I did not keep a copy of my notes of that conversation. I also agree that I should have discussed it with my current manager.

I hope that both council and myself can learn from the mistake and look at how the processes and policies are relayed to staff.

95. The lack of scrutiny and oversight by the council allowed this conduct to go undetected for a substantial period of time, which ultimately jeopardised the proper expenditure of council funds. Had the reports for the card used by Team Leader Z been reviewed at any stage by the council, it would have been clear from the frequency, size and location of the transactions that the card was not being used in line with its approved use.

96. When my officer sought clarification from the council regarding the review of fuel reports, the council advised:

The fuel transaction reports are used for expenditure monitoring purposes to determine if [there are] any major variances from previous payments … the fuel card reports are not looked at in detail individually.33

97. There were also gaps in the council’s policies on the use of fuel cards: their use for private purposes and/or to refuel a private vehicle; requirements for cards not assigned to vehicles; or how fuel card usage reports were reviewed. My report made recommendations to the council to address these gaps, to provide greater guidance to staff on appropriate use, and to ensure that any potential misuse can be promptly identified.

98. The council accepted my recommendations to take disciplinary action against Team Leader Z and seek reimbursement from him. The council also accepted my recommendations to undertake an audit of fuel card use and to review its policies and procedures on fuel cards.

33 Email from the protected disclosure coordinator at the council, 17 December 2015

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I was aware that people borrowed stuff from the depot over the years. I’ve been around for a lot of years and that was pretty common practice. I was not aware that things had changed of recent times … I was of the belief it was tolerated.

99. There were two principal allegations in this matter, which came from a regional council:

1. that staff working in Manager A’s unit [Manager A and Coordinator A] had purchased equipment with council funds for private use

2. that Manager A appointed a close relative [Support Officer] and subsequently promoted her to a managerial role within his unit in breach of the council’s recruitment and selection policies.34

100. Refer to Figure 1 for the reporting relationships in the work unit.

34 Attachment to letter dated 16 March 2015 from IBAC; and at the interview of the discloser

Director

Manager A

Coordinator B Support OfficerCoordinator A

Technical Officer Parking Officer

Case study 3: Procurement and recruitment

Figure 1: Reporting relationships in the regional council


Allegation 1: Council officers purchased council equipment for private use

101. This allegation related to a number of purchases of equipment including:

• a sandblaster and attachments worth $1,128

• an air compressor worth $805 to power the sandblaster.

102. During the investigation it was further alleged that a metal lathe worth $4,795 had also been improperly purchased for personal use. This too was investigated as a related disclosure.

Sandblaster 103. A sandblaster can be used ‘for various

surface treatment and decoration purposes, such as removing rust, paint, scale or other foreign build-up from a metal, or making patterns on glass’.35

104. It was alleged that between July and October 2014 six officers were asked to assist Coordinator A in unloading a sandblaster from a truck. One officer queried the need for a sandblaster. Coordinator A responded that it was to clean ticket machines. An officer challenged that view on the basis that council had had ticket machines for years yet had never needed a sandblaster.

35 Instruction Manual for SB-375 Sandblasting Cabinet (240V), page 2

Image 1: Sandblaster in the council workshop

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Purchase and record keeping

105. On 10 July 2014, Coordinator A sent a requisition for the purchase of a sandblaster and glass beads for use in the sandblaster for $1,056 to Manager A, which he approved the same day. A remittance advice dated 24 September 2014 noted the purchase of a sandblaster on 27 August 2014 for $979 and the additional purchase of glass beads for the sandblaster on 29 August 2014 for $149, totalling $1,128. A written quote was required under the council’s procurement policy; however, there was no evidence that one was obtained in this instance.

106. At interview, Coordinator A said if he had obtained a quote for the sandblaster he would have provided it with the requisition, but that a requisition could be submitted without a quote. He said that in any event he ‘would have been out and spoken to [the supplier]’ and that he would have discussed the purchase with Manager A.36

107. In response to my draft report, Coordinator A sought to separate the cost of the sandblaster from the combined cost of the sandblaster and the glass beads, which are integral to its function. He said:

... the sandblaster at a cost of $979 when purchased, is under the asset threshold of $1,000 and as such was purchased from the maintenance budget and not from a capital account. Being under $1,000 my understanding is that the item is not classed as a capital item.

36 Interview with Coordinator A, 9 December 2015

108. At interview, Manager A told my officers that he does not keep a list or any record of purchases of less than $1,000 and that there were no audits of the unit’s equipment.37

109. The Director, Manager A’s manager, said that minor equipment was the responsibility of the relevant unit and she was not aware of any record or audit of purchases by the unit.38

110. This was confirmed by the Finance Manager, who also said assets in excess of $1,000 must be noted on the council’s asset register and that the finance unit is not informed about items worth less than $1,000. He said the only documentation that the finance unit retains of these purchases are the invoices. He said that ‘different units have different approaches’ and ‘I just hope managers have their asset registers in place’.39

111. The sandblaster was not recorded by the unit on the asset register; however, it was noted by the Parking Officer with responsibility for testing and tagging equipment.

112. At interview, Manager A said that other areas of the council may not be aware that his unit had purchased a sandblaster. This was confirmed in an internal email of 9 November 2015, in which Manager B, who has responsibility for equipment across council, responded to an enquiry by my office:

We do not own a sandblaster and never have had this sort of equipment.

37 Interview with Manager A, 9 December 2015

38 Interview with the Director, 22 October 2015

39 Interview with the Finance Manager, 9 December 2015

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Council’s need for and use of the sandblaster

113. An experienced officer in Manager A’s unit told my officers he did not believe there was a use for a sandblaster since most maintenance functions were outsourced. The officer said that one of the maintenance officers had sandblasted a ticket machine door once ‘just to try it out’ but he had not seen the sandblaster used since.

114. At interview, Coordinator A explained the reason for the purchase:

Well we purchased this primarily to, when you get vandalism with equipment and that, to rip the paint off it so that we can get it back on. Tune it up nicely. Even some of our parking meters and that sort of stuff ... Probably [used] on some of our ticket machines and some of our parking meters ... It’s an item that will come in very handy for our operations ... These things will pull the paint off very well ... I wouldn’t say that we often have to do it. I wouldn’t say it’s weekly but the point of this sort of equipment is it’s there and we’re able to use it and I try and give the maintenance crew as much support as I can. Otherwise anything that’s wrecked we would have to send it out externally and get it fixed.

115. At interview, Manager A said:

Somebody identified that it would be handy for meter maintenance. [Coordinator A] would have spoken to me about it and said can we get a sandblaster because it would be handy for doing ticket machine doors and things that needed a bit of work and I would have said ‘yes, no problem’ because I don’t think it was very expensive ... $800 ... For me to agree I would have to see a benefit in it as efficiency, a useful piece of equipment ... I would have trusted [Coordinator A’s] judgement. I’d have no reason to question why it wouldn’t be a reasonable purchase ... I remember a brief conversation with [him] about it. He did ask me about it ... Said it would be useful equipment for our meter technician.

116. At interview the Technical Officer told my officers that he’d ‘never ever thought about a sandblaster’. He said that the first he knew about it was when he arrived one day and it was there, and that he did not use it very much. He said he did not know whose idea it had been to purchase the sandblaster.40

117. In relation to its actual use, Manager A was not aware how many council items had been sandblasted in the last year.

118. In response to my draft report, Coordinator A stated:

One would expect the life expectancy of [the sandblaster] to be in the order of 20 years.

The cost of $979 amortized over 20 years is approximately $49 per year. I would expect that $49 per year is acceptable for this piece of equipment and provides value for money based on the life expectancy of the equipment....

I would like to add ... that a number of our parking meters through wear and tear or through vandalism would require, over time, to be refurbished and repainted. The sandblaster would be able to quickly remove faded, bubbled or flaking paint, any corrosion or other foreign material build up prior to repainting. This would assist us to keep parking equipment looking fresh and presentable.

119. At interview, the Director, to whom Manager A reports, said that it was ‘hard to imagine’ a sandblaster being used to clean a parking meter.

40 Interview with the Technical Officer, 9 May 2016

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120. In response to my draft report, Manager A stated:

... [The] blaster is used to remove paint and rust.

... [The Director would] have never had any operational involvement with the parking program and would have limited knowledge or expertise with parking equipment use.

[Coordinator A] would have more knowledge than I, but I am aware of the sandblaster being used to remove rust from lock threads, bolts and fittings. The blaster is also used to remove the paint from the old parking meters that are painted blue for the disabled parking spaces. Following the interview I have made enquiries and I am aware of this happening over the past year.

As stated above I believe that [Coordinator A] has purchased his own sandblaster for private use.

121. My officers contacted three comparable councils to enquire about the equipment used to maintain parking meters. They informed my officers that they did not use a sandblaster.

122. My officers also contacted a Melbourne company that supplies the sandblaster model that was purchased by the council and were informed that:

• the sandblaster was used for cleaning parts and taking rust and grime off surfaces to prepare them for painting

• people usually purchased them to ‘do up cars’

• councils did not purchase this product.

Private use of the sandblaster by Coordinator A

123. During my investigation, evidence was provided that Coordinator A had said that he had sandblasted hubcaps for a car he was restoring.

124. The Director told my officers that Coordinator A had talked about his hobby of restoring metal items and that he had also restored a car.


[The Director] is incorrect with her statement that I had talked about restoring a … car. I have spoken to a number of people in regard to the [car] which in turn always begs the question, did you restore it. Which I reply no, it was fully restored when purchased.41


My recollection is [Coordinator A] purchased a … car – he didn’t restore one.42

127. It was also alleged that after the delivery of the sandblaster, between July and October 2015, Coordinator A brought small pieces of machinery to work and told a number of people that he had spent the weekend sandblasting and painting machinery.

128. Manager A identified Coordinator A as a person in his unit who would potentially have a private use for the sandblaster. Manager A said he could not recall if Coordinator A had asked permission to use the sandblaster, ‘but if he asked me I would have said yes’. Manager A’s evidence is that he would have approved Coordinator A’s personal use of the sandblaster, as he did the personal use of equipment for other staff.

41 Email from Coordinator A, 8 May 2016

42 Email from Manager A, 5 May 2016

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129. At interview, Coordinator A told my officers he had used the council sandblaster for private tool restoration work. He said:

I had a little cast iron drill. And I did use that [the sandblaster] to blast the stuff off. Probably took me an hour or an hour and a half to probably do it ... could have been two or three months after we purchased that ... I did restore another little [piece]. I don’t know whether I did it on mine or this one. There was a little fire plug. I did restore one of them ... I didn’t purchase that at work so that I could go in and use it whenever I wanted to because it’s just not feasible for me ... Because I like to get things at home and have them set out and blast them there and not have the chance of them getting contaminated and getting muck all over them and then having to redo things.


As part of my interview I stated that I recalled using … the sandblaster twice for private use. Which [sic] as is stated in the report is allowed for in the Council’s Code of Conduct.

131. Coordinator A told my officers that he had purchased a 1938 car but that he had ‘not as yet’ used a sandblaster to restore any part of the car. In response to my draft report, he stated:

Just to clarify the [car] was purchased fully restored, I have not restored anything on it. There has been nothing sandblasted on it or likely to be sandblasted on it in the near future.

132. He also told my officers that he had purchased his own sandblaster, identical to the council’s, and later provided evidence of the purchase.

133. At interview, the Technical Officer acknowledged that Coordinator A could potentially use a sandblaster for his hobby, saying ‘Oh he could, yeah’. He also said:

I don’t think I’ve ever seen [Coordinator A] using it. I’m sure I haven’t.…

The problem is I’ve been away for so many, so much, you know, coming and going … I don’t know what has gone on really.

Air compressor 134. During the investigation, my officers were

informed by a witness that a new air compressor had been purchased by the council to power the sandblaster.


135. A requisition dated 16 September 2014 showed that Coordinator A requested the purchase of a ‘3ho 1001 Ros Air Compressor and am/fm Radio Ear Muff’ totalling $805. Manager A approved the request the same day.

136. At interview, Coordinator A told my officers that the air compressor was purchased ‘to boost the air flow’ to the sandblaster as the existing air compressor was inadequate.

137. At interview, Manager A stated:

... my recollection of a conversation with [Coordinator A] is that the existing compressor wasn’t powerful enough to drive the sandblaster ... [Coordinator A] at the time would have told me that the other air compressor wasn’t big enough to run the equipment so I would have accepted that was right. I had no reason to doubt what [Coordinator A] was telling me was correct.

138. The air compressor purchased to support the function of the sandblaster was noted on the council’s 2014 list of minor equipment, although the sandblaster was not.

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Metal lathe139. During the investigation, a related

allegation was made regarding the purchase of a metal lathe by the council.

140. A metal lathe is an engineering tool used to fit and turn pieces of equipment. A lathe can be used to form and/or reduce the size of an item.43

43 Information provided by Hare and Forbes, Melbourne, a company that stocks metal lathes


141. On 8 April 2011 Coordinator A obtained a written quote for a metal lathe for $4,795. On 11 April 2011, Coordinator A forwarded this quote to the finance unit and requested a requisition for the purchase. The purchase order shows that the requisition was approved by Coordinator A on 11 April 2011. Coordinator A was also the contact person at the council for the purchase. The lathe was delivered to the council on 21 April 2011. The council’s plant and equipment purchase/disposal advice notes Coordinator A as the custodian of the lathe and Manager A as the manager.

case study 3

Image 2: The metal lathe purchased by the council


142. On the basis of the documentation, Coordinator A both directed the requisition for and then approved the purchase of the lathe, despite the council’s procurement policy requiring that more than one person be involved in and responsible for transactions from end to end. When asked at interview under oath if there were any procedures to ensure that purchases were needed by the council, Coordinator A said ‘I suppose that’s where you have it signed off by a second person’.

143. Coordinator A said he obtained his authority to approve the purchase ‘through the work flow’. Following the interview, Coordinator A advised that he was a delegated project officer under the council’s procurement policy.


When I stated in my interview that ‘I suppose that’s where you have it signed off by a second person’, I believed that [the Finance Officer] was the first person as she had created the requisition and that I was the second person who subsequently authorised the order.

Therefore there has been no contravention of … the Procurement Policy as there was more than one person involved in and responsible for the transaction end to end.

145. Although the Finance Officer is noted as the submitter of the requisition, she acted on a direct request by Coordinator A, who effectively both submitted and approved the requisition.

146. Under oath, Manager A told my officers that there were threshold amounts that determined the number of quotes required:

There’s a capital process ... [Finance] will allocate a special account number ... There’ll be quotes and if it’s that sort of significance you would always discuss it because we want to make sure we get good value for the community ... You can’t do your own requisition and approve it ... It’s a work flow between the person that gets the quotes and puts the requisition together then the approval process ... Generally my [senior officers] would be the people who send me requisitions ... [Coordinator A], [Support Officer], [Coordinator B] ... [an] electronic request.

147. At interview, Manager A told my officers that he does not keep a list or any record of purchases of less than $1,000 and that there were no audits of the unit’s equipment. The Director repeated her comments on the sandblaster, saying that minor equipment was the responsibility of the unit and she was not aware of any record or audit of purchases. She also said she had never queried purchases by Manager A.

148. The council’s Finance Manager confirmed that there are no audits, and that each manager has a budget and is responsible for buying capital.

149. The lathe does not appear on the council’s asset registers for 2014 or 2015.

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Council’s need for and use of the lathe

150. An experienced officer in Manager A’s unit told my investigation that he did not see why a lathe would be needed, including to make meter parts.

151. The council’s procurement policy requires that the council’s contracting, purchasing and contract management activities achieve value for money; this involves ensuring that public money is well spent and that decision making is transparent and accountable.

152. At interview, Coordinator A explained the justification for the purchase of the lathe as follows:

I had a talk with [the Technical Officer] at the time [of the purchase]. It’s just something we’d been talking about for a while ...

We decided to purchase [the lathe] some time ago to try and help the maintenance guys with different parts and that sort of stuff ... They’d be turning down different bits of material, making up rollers [for ticketing machines], that type of stuff ... [the Technical Officer] was predominantly the one that used to use it ...

… [The Technical Officer] was always making little gadgets and little bits and pieces to fix parking meters and fix ticket machines and that and I just thought that that would be of some benefit to him.

153. Under oath, the Technical Officer told my officers that he has worked at the council for 26 years and that Coordinator A has been his manager for the past 10 years. He said the two:

… became great friends and since I’ve been sick [Coordinator A] visited me in hospital a number of times … I’m much closer to [Coordinator A] than I am to [Manager A] … not half as close as what me and [Coordinator A] have been.

154. The Technical Officer’s main role has been to maintain parking meters and ticket machines. He works in the meter maintenance workshop located in a multi-storey carpark where the sandblaster and lathe are kept.

155. In response to the allegation that Coordinator A purchased the lathe for his private use, the Technical Officer responded:

It sounds ridiculous to me. Definitely [Manager A] would not be interested in working on lathes and I’m sure [Coordinator A] didn’t because he never had the opportunity … he’s hardly ever over in the workshop. I don’t know when he would use it other than after hours. I don’t think he ever has.

156. The Technical Officer told my officers that he had wanted a lathe since he started work at the council. He stated:

Well I’d wanted a lathe for 20 years and years ago when I wanted one you were looking at $20,000 … now the Chinese tools have come in and they’re dirt cheap so [Coordinator A] got it for me.

[Coordinator A] just said … ‘How would you like a lathe? We could get a lathe now’ and I said ‘That’d be good’ and that’s how it came about … Three years ago.

157. My officers asked the Technical Officer whether he had had a conversation with Coordinator A around the time the purchase of the lathe was proposed, to which Technical Officer responded:

It came out of the blue.

case study 3



This type of equipment has a useful lifespan of at least 20 years if not more. The cost of $4,795 amortized over 20 years is approximately $240 per year. I would expect that $240 per year is acceptable for this piece of equipment and provides value for money based on the life expectancy of the equipment.

159. In relation to the council’s current use of the lathe, Coordinator A stated:

At the moment I’m not sure how often it’s used at all ... Before that it was used maybe every few weeks or so just depending on what they had on at the time ... It was used for two or three years.


[The Technical Officer] at the time had spoke[n] several times about how useful a lathe would be for some of his works ... That was a capital purchase ... It’d be for turning small meter parts ... that are hard to get now ... I haven’t seen it in operation.

161. At interview, the Technical Officer explained when he used the lathe:

When we had those old … machines I was making lots of things for them. But now we’ve got the Swedish ones … and I don’t need to do as much … The Swedish machines were introduced in bulk in the last couple of years.…

It comes in spasms like I mightn’t use it for a few weeks and then I’ll have something I need to do.

162. At interview, the Director and another council officer told my officers that they could not see a use for this equipment.

163. My officers contacted a Melbourne company that supplies the lathe purchased by the council. An employee told my officers that it was possible councils had a use for a lathe in their maintenance department workshops as it could be used to make parts that could not be purchased.

164. My officers also contacted three comparable councils to enquire whether these councils used a lathe to maintain their parking meters. The councils advised that they did not, and one stated that a lathe would not be needed to maintain parking meters.

Private use of the lathe by Coordinator A

165. The lathe is located in a council workshop. Coordinator A is in charge of the area. A number of staff in the area have access to the workshop.

166. A staff member of Manager A’s unit interviewed by my officers gave evidence that Coordinator A spoke to a group of officers about using the lathe to do some private work.

167. At interview, Coordinator A told my officers that his hobby is making and restoring tools.

168. All council officers interviewed were aware of Coordinator A’s hobby. At interview on 22 October 2015, the Director stated:

[Coordinator A’s] hobby is doing up old stuff ... He’s got this shed that’s set up like a Victorian tool shed ... old lamps, old metal stuff ... that he does up.

31

169. At interview, Coordinator A admitted to using the council lathe to pursue his private hobby, stating that he used the lathe to ‘turn down a couple of little axles or something one time’. He said he ‘probably would have asked [Manager A] at the time if he would mind if I used it’; however, he could not specifically recall having done so. He said that no record was kept of his private use.

170. Coordinator A told my officers that he now has a similar lathe at home. Following the interview, he provided a tax invoice for a lathe that he had purchased on 30 October 2014 for $4,300. This is the same lathe that the council purchased.


I believe that the statement that I used the lathe to ‘pursue’ my private hobby to be misleading and incorrect. I did not admit to using the Council lathe to pursue my private hobby. I was asked at interview if I had ever used the lathe for private use. I stated at interview that my recollection was that I had used the lathe once for private use. I do not believe that using a piece of equipment once for private use is using the equipment to pursue a private hobby.

172. At interview Manager A told my officers that he had heard Coordinator A talk about using a timber lathe. Manager A told my officers that he did not know if Coordinator A had used the council lathe but that prior to this investigation he would most likely have permitted anyone to do some minor work on it. Manager A could not recall having given approval for any of his officers to use the lathe.

173. At interview, the Technical Officer stated:

[Coordinator A] and me had a play with it when we first got it to see what we could do … That was the only time that anyone’s played with it …

[Coordinator A’s] been brought up properly … [Coordinator A’s] been very good to me and I trust him. I can’t see him … be bothered buying a lathe to use for his own use … that little bit of money. Because he’s got plenty of money … and [Manager A] … he wouldn’t be interested in it.

[Coordinator A] never used it when I was there and I don’t know … of anything he made.

Responses to advice from other councils

174. As described earlier, my officers contacted three councils to enquire whether they used a lathe to maintain parking meters.

175. In response to my draft report, Manager A challenged the comparability of the councils my officers had contacted. He then referred to other councils that he regarded as having greater similarities. He stated:

You are comparing larger metropolitan Councils who outsource their maintenance operations using a remove and replace program with a full in-house maintenance regime which the [council] is still operating. It is more difficult for the country municipalities to utilise City located maintenance contractors.

I am also aware that [a council] has a lathe and milling machine, but outsource their sand blasting and painting.

I am also aware that [another comparable council] has a lathe for meter and ticket maintenance purposes.

The thing that puzzles me is that I am aware that [Coordinator A] has purchased his own lathe and sandblaster, so if he purchased [council] equipment for the sole intention of personal use, why would he subsequently purchase his own?

case study 3



Until approximately 12 months ago [contractors for a comparable council] had a metal lathe as part of their parking maintenance program.

[Another comparable council] also have or had a metal lathe as part of their parking maintenance program.

177. My officers contacted the contractor for one of the councils referred to by Coordinator A, who advised that:

• they have a lathe to make customised parts for parking machines but said it was not ‘a necessity’ since parts can usually be obtained from suppliers

• they do not have an in-house sandblaster but send parking machine casings to a private company that specialises in sandblasting, which is labour intensive work. In the last 12 months they have sandblasted parking meter casings.

178. My officers spoke with the officer in charge of maintaining parking meters at the second council referred to by Coordinator A. He told my officers that the council has a small metal lathe that has rarely been used over the last five to 10 years. It had been used to make pins for the old parking meters, now replaced by electronic parking meters. He advised that a sandblaster was not used to maintain parking meters.

179. My officers contacted another adjoining council that maintains its own parking meters. This council advised that it does not use a metal lathe or sandblaster to maintain its parking meters.

180. The final issue raised by Manager A was that since Coordinator A allegedly used council equipment for his private use he would have no reason to purchase it himself. However, I noted that at interview, Coordinator A told my officers that he was able to build a shed for his hobby when his circumstances changed in approximately 2013.

181. My officers understood this to mean that following a change in Coordinator A’s financial circumstances he could afford to build a shed. The change would have enabled Coordinator A to buy equipment related to his hobby including a metal lathe and sandblaster. Using the council’s equipment would have enabled him to trial the equipment before purchasing it.

182. My investigation found that, in October 2014, Coordinator A purchased the same model lathe that the council had purchased three years earlier. My investigation also found that Coordinator A purchased the same model sandblaster in August 2014 that was purchased by the council a year earlier.

33


There seems to be a belief and assumption that as I enjoy a recent hobby of fixing old things and have an old [car] that I purchased equipment to enable me to pursue this hobby. This ... is untrue and is not supported by the evidence.

There is clearly a demonstrated use and amortized value for money for the equipment as part of the parking maintenance program at the [council], which would have been supported by [the Technical Officer] if he were not so gravely ill.

... I also have purchased ... my own ... sandblaster and Lathe.

The [council] lathe was purchased in 2011, however I do not believe that I used it until at least 2014. ...

My hobby ... has been a gradual interest and did not really start until September 2014 ... The order for the [council] sandblaster was placed on 10 July 2014. I did not use the sandblaster for my private use until 8 September 2014. The Post Drill that I sandblasted was the first old tool that I restored....

... I did not use the lathe for private use until at least 3 years after its purchase.

... I did not have a private use for the sandblaster when the order was placed.

... the private item which I sandblasted was purchased at least 2 months after the order was placed.

Loans of other equipment

184. Some staff would regularly borrow council equipment for personal use in the belief that this was permitted by the council. Manager A told my officers:

We have loaned equipment from time to time ... But I’ve been advised in the last few days that our depot was doing it until recently but now they’ve ceased doing it but I wasn’t aware of that until recently ... If somebody wanted to borrow something and it’d generally be a trailer ... they would generally let me know ... or they may ask ...[Coordinator A or Coordinator B] ... the general rule would be if you break it you fix it or you’re responsible for it ...

My understanding was it [staff using council equipment] was tolerated ... I just wasn’t aware it wasn’t appropriate.

185. Manager A said there was no record of the loans of equipment and that if property went missing he ‘may not know’.

186. An internal council email dated 9 November 2015 raised concerns about staff loaning equipment and stated:

This has been allowed to happen in previous years however in the last six months and after receiving the IBAC report this practice has been stamped out.

187. Following contact by our office to arrange an interview, Manager A sent an email dated 3 December 2015 to another council unit asking:

… can you advise me please the general rules around borrowing of Council equipment. I can’t find any written policy. For instance is it generally tolerated if a manager was to allow one of their staff to borrow a trailer for a couple of hours for their personal use outside of business hours provided they are appropriately licenced and take all responsibility for the equipment?

case study 3


188. The unit responded the next day:

I’m not aware of any policy but if there was one, it would be covered in the Fraud Prevention Policy. I am aware however, that the depot used to allow the hire of some equipment by staff but following a recent IBAC report, [Manager B] at the Depot has stopped any borrowing of equipment either from the Depot or out of vehicles.

I understand that the depot [required] a hire form to ensure things were signed out.

189. At interview, my officers asked Manager A about his enquiry and he stated:

I was aware that people borrowed stuff from the depot over the years. I’ve been around for a lot of years and that was pretty common practice. I was not aware that things had changed of recent times ... I was of the belief it was tolerated.

190. Manager A believed that this practice was approved by the council’s executive on the basis that ‘it has happened for so long’.

191. Officers gave evidence that jackhammers, trailers, cement mixers, drills and alternators had been loaned by some council staff.

Relationship between Manager A and Coordinator A

192. Borrowing council equipment by or with the permission of Manager A, Coordinator A and Coordinator B was considered by my officers in the context of the consistent evidence of witnesses of a very close working relationship between Manager A, Coordinator A and Coordinator B.

193. At interview, the Director described Manager A and Coordinator A as very close personal and work friends who clearly socialised together and knew each other’s children well.

194. At interview, Manager A described his relationship with Coordinator A as follows:

We’ve worked together for about 25 years. He’s my second-in-charge. He’s somebody that I have coffee with most days. I go walking with him at lunchtime. We discuss work-related issues regularly. If I was wanting to make an important decision with work-related things I’d ask him about it. We get on well ... He’s a good work colleague ... I went to his 50th birthday party but we don’t socialise outside of that.

195. Coordinator A told my officers he considered Manager A to be a friend and at interview described his relationship with Manager A as follows:

Well he’s my manager ... And I’ve known him for twenty years.

196. At interview, the Director spoke of her frustration with Manager A’s refusal to allow officers other than Coordinator A and Coordinator B to act in his role when he was on leave.

197. The Director told my officers that when Manager A applied for five weeks’ leave in December 2014 and she proposed that a senior officer from outside the unit act in Manager A’s role, Manager A had reduced his leave from several weeks to six days. The Director told my officers she said to Manager A:

... [Y]ou’ve done this so you won’t have someone [outside] acting.

198. At interview, Manager A stated:

We had someone teed up last year outside of the team but it didn’t work out ... If it’s long periods of time you might open it up to competition but that’s generally six weeks or more ... Because it was a Christmas period it wasn’t a really long enough stint to worry too much about it, a lot of public holidays ... so I think [the Director] said we won’t worry about it this time.


My relationship with [Coordinator A] does not compromise my professional ability and impartiality in managing him.

35

Allegation 2: Manager A employed and promoted a close relative without due process

200. A related disclosure that arose during this investigation was that Manager A employed and promoted a close relative within his unit in breach of the council’s recruitment and selection policies.

201. In interviews, Manager A and the Support Officer in question confirmed their close family relationship44.

202. The council has not retained documentation regarding the Support Officer’s recruitment and, given the passage of time, should not reasonably be required to do so. As a result, my officers relied on witness evidence in investigating this disclosure.

Recruitment processes 203. The Support Officer told my officers that

in 1999 she started work at the council in a band 3 role that she held for two years. She stated that she initially responded to an advertisement, provided a resume to human resources and was interviewed by Manager A and the Manager of Community Services. The Support Officer said that on appointment she reported directly to Manager A.


At the time of [the Support Officer’s] initial employment in 1999, I believe conflict of interest provisions were not widely known. I believe I flagged my relationship with [the Support Officer] to my manager … and other staff at the time of her appointment. I have always been open about [the Support Officer] being my [close relative].

44 Interview with Manager A, 9 December 2015 and interview with the Support Officer, 10 December 2015

205. In 2002 the Support Officer was moved into a band 4 administration role and held this position until 2013. The Support Officer said she responded to an advertisement for this role, submitted a resume and was interviewed by a selection panel consisting of the Manager of Community Services and a representative from the human resources area. The Support Officer said Manager A was not involved in this second recruitment process. Following her appointment, she continued to report to him.

206. At interview, Manager A recalled being involved in a recruitment process but thought this was the second recruitment round in 2002 rather than the first, as described by the Support Officer.


I was not involved in the appointment of [the Support Officer] to her administration role in 2002, which was undertaken by [the Manager of Community Services]. I had some apprehension at the time about [the Support Officer] working in the same office as me.

Manager A’s proposal to reclassify his close relative’s role

208. On 22 July 2013 the Support Officer’s administrative role was reclassified from a band 4 to a band 5 with a wage increase from $54,089 to $55,601 per annum with additional superannuation.

209. Documents provided by the council show that Manager A and his Director both signed the change of classification form.

case study 3


210. In an email dated 24 July 2013, Manager A advised staff as follows:

... just letting everyone know that [the Support Officer’s] role has been changed in response to our increased responsibilities with our administrative functions.

[The Support Officer’s] new title is ‘ADMINISTRATION & SYSTEMS SUPPORT OFFICER’. She will now have more of a leadership role within the … team. The Admin staff will now report directly to [her]....

I am really pleased that [the Support Officer] has continued to rise to all challenges and that she has agreed to take on additional responsibilities to assist the team.

211. Manager A also sent a memo dated 9 August 2013 to the council’s principal HR advisor:

Further to our discussion, I request that the following changes be implemented to formalise the recent reclassification of [the Support Officer].

Update the reporting structures in the Position Description of [three officers] to reflect that they now report to [the Support Officer]....

I advise that the following consultation was undertaken ...

May 2013, I met with the Administration team as a group to explain that [the Support Officer] has been assigned the … role in relation to the … functions and for all decisions in relation to systems support to be channelled through [the Support Officer]. This was well received by the team and all agreed that this was a good idea.

July 2013, following the reclassification of [the Support Officer’s] position, I met with the Administration team individually to seek their view on the idea of their reporting line changing from me to [the Support Officer]. They all agreed that this was really only formalising what was occurring anyway and supported the change.

[The Support Officer] has been training, nurturing and leading the administration team for the past 8 months and the formalisation of her role has not been a surprise to anyone.

July 2013, I advised the wider … team of [the Support Officer’s] expanded role and new title. There was widespread support for this minor structural change.

212. At interview, Manager A told my officers that it had been his idea to reclassify the Support Officer’s role, that he had managed the reclassification process and that she continued to report directly to him. He stated:

We went through an outsourced service coming back in house at very short notice ... We had to recruit a large team, about eight people in about 10 weeks ... There was another work team that were interested in [the Support Officer] ... She was already doing the functions ... I suggested to [the Director] that she could be reclassified with a small incremental rise ... I spoke with the other staff about how did they feel about reporting to [the Support Officer] and they all seemed to be ok with it. Nobody voiced any disapproval. I put a memo to [the Director] ... she agreed it was a great idea ... it has to be signed off by Exec.

213. The Support Officer said that in April 2013, when she returned from leave, she became aware of the proposed reclassification from Manager A and she stated ‘It just happened’. She said Manager A told her that:

... he had spoken to all the staff [individually] who thought it was about time, it was well deserved, it’s something that [the Support Officer] does anyway.

214. One of the officers who now reports to the Support Officer told my officers that rather than a discussion, Manager A told staff of her appointment. At interview, Manager A said that this was not his recollection.

37

215. The Director who approved the Support Officer’s reclassification told my officers she had spoken to people about the reclassification but did not document this.


The most recent reclassification of [the Support Officer] was merit based and justified. With full approval and sign off from my [Director] ... [The Director] and I discussed this proposal before I commenced the process. I understand that [the Director] also had a discussion with the Director of Community Support. [The Director] was very supportive of this proposal.

Manager A’s failure to declare his relationship

217. Despite the Support Officer being closely related to Manager A, he has never made a formal declaration of any conflict of interest regarding the Support Officer.

218. At interview, Manager A confirmed that he had not made any declarations of conflict regarding anyone he worked with, nor had he taken any action to manage any perceptions of conflicts. He said he would be ‘relying on the people in the organisation who are the experts to advise me if I’d done wrong’.


It’s not an ideal situation, no. I didn’t appoint [the Support Officer] initially ... It’s not ideal, but it works ok.

220. At interview, the Support Officer told my officers that she had never declared any conflict to the council regarding her relationship with her manager and close relative, Manager A. The Support Officer said she was not aware of any requirement to declare personal relationships.

221. While no formal declarations have been made, Manager A told my officers that the familial relationship between him and the Support Officer was common knowledge at the council. However, Manager A’s Director told my officers that it was a number of years after the Support Officer started work that she became aware of their relationship, and that the Support Officer’s husband also worked at the council.

222. The Director stated:

Given the emphasis the organisation had in place on recording conflicts ... I would have expected that a conflict had been recorded. I’ve never checked.

223. At interview, when Manager A was asked if he could see any issue with being on a selection panel for the Support Officer, he responded:

Well I was the manager ... I just basically was looking for the best person for the role ... At our work we’ve got lots of people who are related that work together. We’ve got them in the finance area, HR area. In a small town that’s going to happen.

224. Manager A described his relationship with the Support Officer as follows:

I’m probably harder on [the Support Officer] than anybody ... I have expectations on her. I don’t really see her much outside of work. Only at family dos. I don’t visit. I avoid visiting if I can. We get on fine. Professional.

case study 3


225. However, a close relationship is evident in emails between Manager A and the Support Officer as follows:

Manager A: Miss me?

Support Officer: Sure do.

[Support Officer’s husband] and I have done a notam [sic] and he f----d it up so we’ve just done another, he has no idea how to do abbreviations!!

All is sorted – but I just needed a bitch!!

I really really miss you xxxx

226. At interview, Manager A responded to the email stating:

I’ve got a pretty friendly relationship with a lot of people. That’s not unusual.

227. The Support Officer was provided with an opportunity to respond to the emails but has not done so.

228. In response to my draft report, the Chief Executive Officer of the council stated:

On the matter of [Manager A] employing and promoting his [close relative], it does raise broader issues for us and other regional Councils. Family and other close relationships are common and conflicts of interest must be avoided. We have just updated our recruitment policy to thoroughly deal with the issue.

Other relatives employed in Manager A’s unit

229. The Support Officer informed my officers that her mother and husband also work in Manager A’s unit. Manager A confirmed this at interview. It is unclear whether Manager A was involved in their recruitment. There have been no declarations of conflicts regarding these two staff members.

230. In August/September 2010, a close relative of Coordinator A provided a service for Manager A. Council documentation shows that the Support Officer requested the service, Manager A authorised it and the council paid for the service.

231. At interview, Coordinator A stated:

I don’t think I [made any declaration]. I think [Manager A] made [me] aware that he could get it done through my [relative] ... Should I have made a declaration, should I? ... I had no idea it was a conflict.

232. At interview, Manager A said he had not required any declaration by Coordinator A but that Manager A had spoken to the Director about the matter.


I refute the claim that I had a conflict of interest.

I did not solicit, or request this service. I was asked for an opinion on whether my [relative] could [provide the service]. I made an enquiry with my [relative] as to whether he could or could not provide the requested service and passed the information received onto [Manager A].

As stated in the draft report [the Support Officer] requested the service and [Manager A] authorised it.

234. The Director told my officers that she had not known of the relationship between Coordinator A and his relative at the time the service was provided, and only discovered it after the contract had been entered into. The Director said she then told Manager A and Coordinator A, ‘that surprised me that you’d use your [relative]’, to which they responded that the relative was the only accredited person in the region who could provide this service.

39

235. The Director said she investigated this matter and what they told her seemed to be correct.


[The Support Officer’s close relatives] were both employed some time back … [in] very low paid role[s] and often hard to fill. I can’t specially remember, but I don’t recall having any involvement in their recruitment....

It should be noted that [the Support Officer’s close relative] won … [an] award …

I don’t believe I have a conflict of interest with [Coordinator A’s relative], as he is a local businessman who I have no relationship with. He is neither a personal friend nor a relative of mine.

Findings

Allegation 1: Sandblaster and lathe were purchased for Coordinator A’s personal use

Sandblaster

237. The investigation established that Coordinator A was involved in purchasing a sandblaster and attachments integral to the functioning of the sandblaster.

238. Coordinator A admitted that he used the sandblaster for his personal use twice. The evidence of witnesses, however, was that he used the sandblaster more often and had chosen to minimise his use when responding to the allegations. It was clear that Coordinator A personally benefitted from the purchase of the sandblaster with council funds.

239. One year after purchasing the sandblaster for the council, Coordinator A purchased the same model for himself. It is highly likely that Coordinator A made the purchase for the council to satisfy his own desire for the equipment at a time when he was not able to make a personal purchase. It also allowed him to trial the sandblaster to determine whether it was suitable for his personal use.

240. Manager A’s evidence was that Coordinator A told him a sandblaster would benefit the Technical Officer. However, the Technical Officer’s evidence was that he had never thought about using a sandblaster, had not been involved in any discussions about its purchase and did not use it much. The Technical Officer said he had not seen Coordinator A use the sandblaster; however, he also gave evidence that he had often been absent from work due to ill health and that he had a strong friendship with Coordinator A.

241. The evidence of a supplier, other councils and other officers was that the unit would not have needed a sandblaster.

242. I did not find that Coordinator A and Manager A were credible witnesses. I did not accept the evidence of either Coordinator A or Manager A that the sandblaster was purchased primarily for maintaining the council’s parking meters. Nor did I accept Coordinator A’s evidence that he only used the sandblaster twice for private use.

243. I was satisfied on the balance of probabilities that Coordinator A proposed the purchase of the sandblaster by the council for his personal use.

case study 3


Lathe

244. The investigation established that Coordinator A purchased a metal lathe with council funds by orchestrating a request that he then approved. In doing so, Coordinator A breached the council’s procurement policy by effectively being the only person involved in the transaction.

245. Coordinator A admitted that he used the council lathe for his personal use once.

246. The evidence was that the lathe was used sporadically by the council, and other councils did not think that Manager A’s unit would have needed a lathe.

247. Evidence was provided by the Technical Officer, who has reported to Coordinator A for the past 10 years and described their relationship as friendly. The Technical Officer said that while he had wanted a lathe since he started work with the council 26 years ago, it was only in 2011 that Coordinator A offered to purchase one for the council. The Technical Officer said the purchase had not arisen from any recent requests from him and came ‘out of the blue’.

248. While the Technical Officer said he was not aware that Coordinator A had used the lathe, the Technical Officer also told my officers that due to ill health he had been regularly absent from work and that he didn’t know what was going on.

249. I also noted that three years after purchasing the lathe for the council, Coordinator A purchased the same lathe for himself. As with the sandblaster, an inference may be drawn that Coordinator A wanted the equipment for use at a time when he could not afford to buy it, and when he was in the financial position to do so, he purchased the same model. The purchase of the lathe with council funds also gave him the opportunity to trial the lathe before he purchased one for himself.

250. I did not accept the evidence of either Coordinator A or Manager A that the lathe was purchased primarily for maintaining the council’s parking meters. Nor did I accept Coordinator A’s evidence that he only used the lathe once for private use.

251. I was satisfied on the balance of probabilities that Coordinator A purchased the lathe with council funds for his private use.

Poor record keeping

252. There is evidence of poor recording keeping in Manager A’s unit and inconsistent use of the assets register and the list of minor equipment. The failure to record the purchase of the sandblaster and lathe meant other areas of the council could not use the equipment and, more seriously, that there was no outside scrutiny nor accountability for the purchases. This supports the inference that the sandblaster and lathe were purchased for personal use.

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Breaches of legislation, codes and policies

253. In using his position to benefit himself regarding the lathe and the sandblaster, Coordinator A breached section 95(1) of the Local Government Act in failing to act with integrity.

254. Manager A approved Coordinator A’s request to purchase a sandblaster and failed to record the purchase on the council’s assets register. There was no evidence that Manager A scrutinised the request to satisfy himself that the items were required by the council and represented value for money.

255. Manager A’s failure to do so meant that the council purchased equipment that it did not need. The evidence suggested that the close relationship between Manager A and Coordinator A affected Manager A’s judgement and scrutiny of the request he received. This was a reasonable perception given the closeness of their perceived relationship, including evidence from Manager A’s Director that Manager A was reluctant to allow officers other than Coordinator A and Coordinator B to act in his role when he took leave.

256. I also found that Manager A breached section 95(1) of the Local Government Act by failing to act with integrity in failing to meet his obligations to ensure council equipment was purchased in accordance with council policies and procedures. He did this by allowing Coordinator A to arrange the purchase of equipment with council funds for Coordinator A’s own benefit and without ensuring that these purchases represented good value for money for the council.


In relation to [Coordinator A] purchasing a lathe and sandblaster for personal use, I find your finding quite bizarre.

At the time of purchase [the Technical Officer] was the primary technician but has since become very ill. [The Technical Officer] is very much old school and loves to tinker with and repair parking equipment. He thrives on the challenge and will often look for ways to improve the functionality of equipment. The new technician is more modern in approach and is inclined to replace not repair.

Therefore, at the time of purchase I had no reason to doubt that [Coordinator A] would make use of the lathe for [council] purposes. In addition [the Technical Officer] had mentioned to me in the past that a lathe would be handy. I have since been advised that [the Technical Officer] does in fact use the lathe to make parts for parking equipment maintenance from time to time.

I had no reason to doubt [Coordinator A’s] purchase intentions.

A lathe is a piece of equipment that is not used regularly but is a once in a lifetime purchase and the cost is amortised over many years.

I have never used the lathe and have no personal use for such equipment.

case study 3


Personal use of council equipment258. While it is understood that it is now

council policy that staff can no longer use council equipment for their personal use, the council’s code of conduct has not been updated to reflect this. On the basis of the council’s policy at the time, which permitted staff to use council equipment, Coordinator A and Manager A did not breach the council’s code of conduct by their personal use of council equipment. My investigation found that there has, until very recently, been an understanding or tolerance by council managers that staff could use council property for their own personal use. The council has failed to ensure that all staff are aware that these practices are no longer acceptable.

Allegation: Manager A employed and promoted a close relative without process

259. Although some recruitment and selection processes were followed in the Support Officer’s appointments, the allegation that Manager A employed and promoted his relative without proper process was substantiated. Manager A failed to declare his familial conflict of interest on a number of occasions: when he was on a selection panel that appointed her to either her first or second council role, and when he proposed her reclassification.

260. Failure to act with integrity and avoid conflicts of interest puts Manager A in breach of:

• the council’s code of conduct, in particular the section which requires staff to not take part in any decisions relating to the employment of family members

• section 95(1) of the Local Government Act, where a failure to act with integrity includes a failure to avoid a conflict of interest.

261. Manager A committed the same breaches in his failure to declare his relationships with two other relatives who work in his unit, both of whom are closely related to the Support Officer.

262. For similar reasons, Coordinator A breached the council’s code of conduct in failing to make a timely formal declaration of his conflict regarding his relative’s engagement to perform paid services for the council. In addition, Coordinator A also breached the council’s procurement policy, which provides that staff shall not participate in any contract where any member of their immediate family has a significant interest.

263. After receiving the report of my investigation, the council confirmed it would take disciplinary action against Manager A and Coordinator A for various breaches of its code of conduct and policies and procedures. However, the council did not accept the finding that either Manager A or Coordinator A purchased property with council funds for their own private use.

43

Conclusions

264. The three cases set out here were chosen to demonstrate that these issues can arise in any context. The councils are different sizes and have different geography and demography.

265. Each of the individuals in this report were bound by the provisions of the Local Government Act, codes of conduct and specific council policies and procedures. Individuals in all three case studies were found to have been in breach of their codes of conduct. Individuals in case studies 1 and 3 were also in breach of procurement standards, as well as procedures for declaring gifts and hospitality and conflict of interest respectively. In all three case studies, applying existing policies and procedures would have either prevented or revealed poor behaviour long before it came to my office.

266. While there were gaps in procedures, particularly in procurement and monitoring the use of council resources, the overarching standards of integrity and appropriate and responsible use of council resources, common to all the codes of conduct, should have functioned as a catch-all in these circumstances.

267. Taken separately, these incidents could be seen as small infractions of the rules, begging the question: ‘Why does it matter?’.

268. This was undoubtedly the perspective taken by the individuals concerned: a little work on the side leveraging council relationships, use of a fuel card or a sandblaster for personal purposes – small beer and no more than a person deserves as a council officer with standing.

269. Codes and standards of integrity are critical, particularly where public money is on the line. To benefit personally from resources paid for with ratepayer funds for a public purpose is a corrosion of trust and an abuse of power, no matter how small.

270. So whose responsibility is it to ensure that these standards are adhered to?

271. It is a condition of employment that employees abide by codes of conduct. It is also inherent in any managerial role to hold staff to account and ensure they understand how those standards are maintained in practice.

272. In each of these cases, however, poor supervision and management allowed misconduct to go unchecked. Had anyone reported the rumours or reviewed the fuel card reports for Team Leader Z, it would have been obvious that it was being misused for personal gain. Had anyone reviewed the council’s gifts register against council contractors, the Construction Supervisor’s fiefdom might have been exposed sooner. And had Manager A’s Director put an outside person into his position when the opportunity arose, the practices and cosy relationships in the unit might have come to light before my investigation.

273. IBAC has recently published two reports looking at broader corruption risks affecting local councils and council work depots.45 Those reports did not make specific recommendations but highlighted areas for focus and improvement and offered useful guidance in preventing problems.

274. It was evident from my investigations that longstanding employees who have not adopted new codes and policies as their cultural norm present a particular risk, exacerbated where outlying units remote from head office can operate as fiefdoms.

275. Finally, it is the responsibility of the leadership of any organisation, and particularly a public one, to actively support a culture of honesty, transparency and courage to call out behaviour when people transgress.

45 IBAC: Review of Integrity Frameworks in Six Victorian Local Councils, March 2015; Review of council work depots, May 2015

conclusions


ANNUAL FINANCIAL REPORT

For the Year Ended 30 June 2016


Financial Report

Table of Contents

Page

1

2

3

4

5

6

Note 1 Significant accounting policies 6

Note 2 Budget comparison 13

Note 3 Rates and service charges 17

Note 4 Statutory fees and fines 17

Note 5 User charges 17

Note 6 Grants 18

Note 7 Contributions 19

Note 8 Net gain/(loss) on disposal of property, infrastructure, plant and equipment 19

Note 9 Other income 20

Note 10 Employee costs 20

Note 11 Materials and services 21

Note 12 Bad and doubtful debts 21

Note 13 Depreciation 21

Tany

a

Note Borrowing costs 21

Note 15 Other expenses 21

Note 16 Cash and cash equivalents 22

Note 17 Trade and other receivables 22

Note 18 Other financial assets 23

Note 19 Inventories 23

Note 20 Non-current assets classified as held for sale 23

Note 21 Other assets 23

Note 22 Property, infrastructure, plant and equipment 24

Note 23 Trade and other payables 27

Note 24 Trust funds and deposits 27

Note 25 Provisions 27

Note 26 Interest-bearing loans and borrowings 28

Note 27 Reserves 29

Note 28 Reconciliation of cash flows from operating activities to surplus/(deficit) 30

Note 29 Reconciliation of cash and cash equivalents 30

Note 30 Financing arrangements 30

Note 31 Commitments 31

Note 32 Operating leases 31

Note 33 Superannuation 31

Note 34 Contingent liabilities 33

Note 35 Financial Instruments 33

Note 36 Related party transactions 35

Note 37 Events occurring after balance date 36

37

Statement of Cash Flows

Certification of the Financial Report

Notes to the Financial Report

Introduction

Statement of Capital Works

Balance Sheet

FINANCIAL REPORT

Financial Statements

Comprehensive Income Statement

Statement of Changes in Equity

Pyrenees Shire Council Comprehensive Income Statement

2015/2016 Financial Report For the Year Ended 30 June 2016

2016 2015

Note $'000 $'000

Income

Rates and service charges 3 8,683 8,165

Statutory fees and fines 4 128 102

User charges 5 724 667

Grants - operating 6 2,738 6,445

Grants - capital 6 4,484 5,402

Contributions - monetary 7 54 158

8 - 126

Fair value adjustment for non-current assets classified as held for sale 20 - 67

Other income 9 266 277

Total income 17,077 21,409

Expenses

Employee costs 10 (6,430) (6,458)

Materials and services 11 (5,583) (6,122)

Bad and doubtful debts 12 - (5)

Depreciation 13 (6,548) (7,902)

Borrowing costs 14 (28) (128)

8 (35) -

Impairment adjustment for non-current assets classified as held for sale 20 (19) -

Other expenses 15 (317) (288)

Total expenses (18,960) (20,903)

Tanya Kehoe Total expenses

Surplus/(deficit) for the year (1,883) 506

Other comprehensive income

Net asset revaluation decrement 27(a) (53,271) -

Total comprehensive result (55,154) 506

Net gain on disposal of property, infrastructure, plant and equipment

Items that will not be reclassified to surplus or deficit in future periods

The above comprehensive income statement should be read in conjunction with the accompanying notes.

Net loss on disposal of property, infrastructure, plant and equipment

Page: 1

Pyrenees Shire Council Balance Sheet

2015/2016 Financial Report

2016 2015

Note $'000 $'000

Assets

Current assets

Cash and cash equivalents 16 1,648 6,973

Trade and other receivables 17 927 832

Other financial assets 18 3,508 9

Inventories 19 7 7

Non-current assets classified as held for sale 20 1,113 965

Other assets 21 130 148

Total current assets 7,333 8,934

Non-current assets

Trade and other receivables 17 115 104

Property, infrastructure, plant and equipment 22 229,139 283,177

Total non-current assets 229,254 283,281

Total assets 236,587 292,215

Liabilities

Current liabilities

Trade and other payables 23 983 877

Trust funds and deposits 24 182 176

Provisions 25 2,057 1,921

Interest-bearing loans and borrowings 26 500 864

Total current liabilities 3,722 3,838

Tanya Kehoe

Provisions 25 155 140

Interest-bearing loans and borrowings 26 - 373

Total non-current liabilities 155 513

Total liabilities 3,877 4,351

Net assets 232,710 287,864

Equity

Accumulated surplus 83,290 85,173

Reserves 27 149,420 202,691

Total Equity 232,710 287,864

As at 30 June 2016

The above balance sheet should be read in conjunction with the accompanying notes.

Page: 2

Pyrenees Shire Council Statement of Changes in Equity


Total

Accumulated

surplus

2016 $'000 $'000 $'000 $'000

Balance at beginning of the financial year 287,864 85,173 202,682 9

(Deficit) for the year (1,883) (1,883) - - Net asset revaluation increment/(decrement) 27(a) (53,271) - (53,271) - Balance at end of the financial year 232,710 83,290 149,411 9

2015

Balance at beginning of the financial year 287,358 84,667 202,682 9

Surplus for the year 506 506 - - Net asset revaluation increment 27(a) - - - - Balance at end of the financial year 287,864 85,173 202,682 9

Recreational

land reserve

Asset

revaluation

reserve

The above statement of changes in equity should be read with the accompanying notes.

Page: 3

Pyrenees Shire Council Statement of Cash Flows


2016 2015

Inflows/ Inflows/

(Outflows) (Outflows)

Note $'000 $'000

Cash flows from operating activities

Rates and service charges 8,617 8,196

Statutory fees and fines 128 102

User charges 774 737

Grants - operating 2,787 6,451

Grants - capital 4,519 5,367

Contributions - monetary 59 174

Interest received 152 206

Trust funds and deposits taken 1,468 1,341

Other receipts 105 122

Net GST received 953 910

Employee costs (6,279) (6,420)

Materials and services (6,092) (6,786)

Trust funds and deposits repaid (1,462) (1,338)

Other payments (349) (322)

Net cash provided by operating activities 28 5,380 8,740

Cash flows from investing activities

Payments for property, infrastructure, plant and equipment (6,474) (6,888)

Proceeds from sale of property, infrastructure, plant and equipment 256 408

Payments for land held for resale (757) (364)

Proceeds from sale of land held for resale 534 279

Tanya Kehoe Proceeds from sale of land held for resale (3,499) -

Proceeds from sale of other financial assets - 5,503

Net cash (used in) investing activities (9,940) (1,062)

Cash flows from financing activities

Finance costs (28) (128)

Repayment of borrowings (737) (693)

Net cash (used in) financing activities (765) (821)

Net increase (decrease) in cash and cash equivalents (5,325) 6,857

Cash and cash equivalents at the beginning of the financial year 6,973 116

Cash and cash equivalents at the end of the financial year 29 1,648 6,973

Financing arrangements 30

Restrictions on cash assets 16

The above statement of cash flows should be read with the accompanying notes.

Page: 4

Pyrenees Shire Council Statement of Capital Works


2016 2015

$'000 $'000

Property

Buildings - specialised 66 792

Total buildings 66 792

Total property 66 792

Plant and equipment

Plant, machinery and equipment 640 881

Fixtures, fittings and furniture 13 10

Computers and telecommun-ications 53 138

Library collection 24 48

Total plant and equipment 730 1,077

Infrastructure

Roads 3,920 2,419

Footpaths and cycleways 3 7

Drainage 401 122

Bridges 881 1,941

Other structures 12 2

Total infrastructure 5,217 4,491

Tanya Kehoe 6,013 6,360

Represented by:

New asset expenditure 333 418

Asset renewal expenditure 3,945 4,875

Asset upgrade expenditure 1,735 1,067

Total capital works expenditure 6,013 6,360

The above statement of capital works should be read with the accompanying notes.

Page: 5

Pyrenees Shire Council Notes to the Financial Report


Introduction

Note 1 Significant accounting policies

(a)

(b)

(c) Principles of consolidation

(d) Committees of management

Tanya Kehoe

The Pyrenees Shire Council was established by an Order of the Governor in Council on 23 September 1994 and is a body

corporate. The Council's main office is located at 5 Lawrence Street Beaufort.

These financial statements are a general purpose financial report that consists of a Comprehensive Income Statement,

Balance Sheet, Statement of Changes in Equity, Statement of Cash Flows, Statement of Capital Works and notes

accompanying these financial statements. The general purpose financial report complies with Australian Accounting

Standards (AAS's), other authoritative pronouncements of the Australian Accounting Standards Board, the Local

Government Act 1989 , and the Local Government (Planning and Reporting) Regulations 2014 .

The accrual basis of accounting has been used in the preparation of these financial statements, whereby assets, liabilities,

equity, income and expenses are recognised in the reporting period to which they relate, regardless of when cash is

received or paid.

Judgements, estimates and assumptions are required to be made about the carrying values of assets and liabilities that are

not readily apparent from other sources. The estimates and associated judgements are based on professional judgement

derived from historical experience and various other factors that are believed to be reasonable under the circumstances.

Actual results may differ from these estimates.

Revisions to accounting estimates are recognised in the period in which the estimate is revised and also in future periods

that are affected by the revision. Judgements and assumptions made by management in the application of AAS's that have

significant effects on the financial statements and estimates relate to:

Statement of compliance

Basis of accounting

Subsidiaries are all entities over which Council has control. Council controls an entity when it is exposed to, or has rights to,

variable returns from its involvement with the entity and has the ability to affect those returns through its power to direct the

activities of the entity. Subsidiaries are fully consolidated from the date on which control is transferred to the Council. They

are deconsolidated from the date that control ceases.

Where dissimilar accounting policies are adopted by entities and their effect is considered material, adjustments are made

to ensure consistent policies are adopted in these financial statements.

In the process of preparing consolidated financial statements all material transactions and balances between consolidated

entities are eliminated. Council does not currently control any entities that require consolidation into these financial

statements.

All entities controlled by Council that have material revenues, expenses, assets and liabilities, such as committees of

management, have been included in this financial report. Any transactions between these entities and Council have been

eliminated in full.

The following Local Government Act 1989 Section 86 Committee of Council has been consolidated into this financial report:

Beaufort Community Bank Complex.

- the fair value of land, buildings, infrastructure, plant and equipment (refer to note 1 (m) )

- the determination of depreciation for buildings, infrastructure, plant and equipment (refer to note 1 (n) )

- the determination of employee provisions (refer to note 1 (t) )

Unless otherwise stated, all accounting policies are consistent with those applied in the prior year. Where appropriate,

comparative figures have been amended to accord with current presentation, and disclosure has been made of any

material changes to comparatives.

The consolidated financial statements of Council incorporate all entities controlled by Council as at 30 June 2016, and their

income and expenses for that part of the reporting period in which control existed.

There have been no significant changes in accounting policies from the previous period.

Changes in accounting policies

Page: 6



Note 1 Significant accounting policies (continued)

(e) Accounting for investments in associates and joint arrangements

Associates

Joint arrangements

( f) Revenue recognition

Rates and service charges

Statutory fees and fines

User charges

Grants

Contributions


Interest on investments

Other income

Investments in joint arrangements are classified as either joint operations or joint ventures depending on the contractual

rights and obligations each investor has, rather than the legal structure of the joint arrangement.

At balance date Council does not have any investments in associates or joint arrangements.

Income is recognised when the Council obtains control of the contribution or the right to receive the contribution, it is

probable that the economic benefits comprising the contribution will flow to the Council and the amount of the contribution

can be measured reliably.

Monetary and non monetary contributions are recognised as revenue when Council obtains control over the contributed

asset.

The profit or loss on sale of an asset is determined when control of the asset has irrevocably passed to the buyer.

Interest is recognised as it is earned.

Other income is measured at the fair value of the consideration received or receivable and is recognised when Council

gains control over the right to receive the income.

Associates are all entities over which Council has significant influence but not control or joint control. Investments in

associates are accounted for using the equity method of accounting, after initially being recognised at cost.

Annual rates and service charges are recognised as revenues when Council issues annual rates notices. Supplementary

rates are recognised when a valuation and reassessment is completed and a supplementary rates notice issued.

Statutory fees and fines are recognised as revenue when the service has been provided, the payment is received, or when

the penalty has been applied, whichever first occurs.

User charges are recognised as revenue when the service has been provided or the payment is received, whichever first

occurs.

Grant income is recognised when Council obtains control of the contribution. This is normally obtained upon the receipt (or

acquittal) or upon earlier notification that a grant has been secured, and are valued at their fair value at the date of transfer.

Where grants recognised as revenues during the financial year were obtained on condition that they be expended in a

particular manner or used over a particular period and those conditions were undischarged at balance date, the unused

grant is disclosed in note 6. The note also discloses the amount of unused grant from prior years that was expended on

Council’s operations during the current year.

Page: 7




(g) Fair value measurement

Level 1 — Quoted (unadjusted) market prices in active markets for identical assets or liabilities;

(h) Cash and cash equivalents

(i) Trade and other receivables

(j)

(k) Inventories

(l) Non-current assets classified as held for sale

For the purpose of fair value disclosures, Council has determined classes of assets and liabilities on the basis of the nature,

characteristics and risks of the asset or liability and the level of the fair value hierarchy as explained above.

In addition, Council determines whether transfers have occurred between levels in the hierarchy by re-assessing

categorisation (based on the lowest level input that is significant to the fair value measurement as a whole) at the end of

each reporting period.

Other financial assets are valued at fair value, being market value, at balance date. Term deposits are measured at

amortised cost. Any unrealised gains and losses on holdings at balance date are recognised as either a revenue or

expense.

Inventories held for distribution are measured at cost adjusted when applicable for any loss of service potential. Inventories

are measured at the lower of cost and net realisable value.

Receivables are carried at amortised cost using the effective interest rate method. A provision for doubtful debts is

recognised when there is objective evidence that an impairment has occurred.

Cash and cash equivalents include cash on hand, deposits at call, and other highly liquid investments with original

maturities of 90 days or less, net of outstanding bank overdrafts.

Other financial assets

Council measures certain assets and liabilities at fair value where required or permitted by Australian Accounting

Standards. AASB 13 Fair Value Measurement, aims to improve consistency and reduce complexity by providing a definition

of fair value and a single source of fair value measurement and disclosure requirements for use across Australian

Accounting Standards.

AASB 13 defines fair value as the price that would be received to sell an asset or paid to transfer a liability in an orderly

transaction between market participants at the measurement date. Fair value under AASB 13 is an exit price regardless of

whether that price is directly observable or estimated using another valuation technique.

All assets and liabilities for which fair value is measured or disclosed in the financial statements are categorised within a fair

value hierarchy, described as follows, based on the lowest level input that is significant to the fair value measurement as a

whole:

Level 2 — Valuation techniques for which the lowest level input that is significant to the fair value measurement is directly

or indirectly observable; and

Level 3 — Valuation techniques for which the lowest level input that is significant to the fair value measurement is

unobservable.

A non-current asset classified as held for sale (including disposal groups) is measured at the lower of its carrying amount

and fair value less costs to sell, and are not subject to depreciation. Non-current assets, disposal groups and related

liabilities and assets are treated as current and classified as held for sale if their carrying amount will be recovered through

a sale transaction rather than through continuing use. This condition is regarded as met only when the sale is highly

probable and the asset's sale (or disposal group sale) is expected to be completed within 12 months from the date of

classification.

Page: 8




(m) Recognition and measurement of property, infrastructure, plant and equipment

Acquisition

Revaluation

Land under roads

(n) Depreciation of property, infrastructure, plant and equipment

Depreciation periods used are listed below and are consistent with the prior year unless otherwise stated.

Straight line depreciation is charged based on the residual useful life as determined each year.

Where assets have separate identifiable components that are subject to regular replacement, these components are

assigned distinct useful lives and residual values and a separate depreciation rate is determined for each component.

The purchase method of accounting is used for all acquisitions of assets, being the fair value of assets provided as

consideration at the date of acquisition plus any incidental costs attributable to the acquisition. Fair value is the amount for

which the asset could be exchanged between knowledgeable willing parties in an arm's length transaction.

Subsequent to the initial recognition of assets, non-current physical assets, other than plant and equipment, are measured

at their fair value, being the price that would be received to sell an asset or paid to transfer a liability in an orderly

transaction between market participants at the measurement date. At balance date, the Council reviewed the carrying

value of the individual classes of assets measured at fair value to ensure that each asset materially approximated its fair

value. Where the carrying value materially differed from the fair value at balance date, the class of asset was revalued.

Council recognises land under roads that it owns at fair value.

Fair value valuations are determined in accordance with a valuation hierarchy. Changes to the valuation hierarchy will only

occur if an external change in the restrictions or limitations of use on an asset result in changes to the permissible or

practical highest and best use of the asset. Further details regarding the fair value hierarchy are disclosed at Note 22,

Property, infrastructure, plant and equipment.

In addition, Council undertakes a formal revaluation of land, buildings, and infrastructure assets on a regular basis ranging

from two to five years. The valuation is performed either by experienced council officers or independent experts.

Where the assets are revalued, the revaluation increments are credited directly to the asset revaluation reserve except to

the extent that an increment reverses a prior year decrement for that class of asset that had been recognised as an

expense in which case the increment is recognised as revenue up to the amount of the expense. Revaluation decrements

are recognised as an expense except where prior increments are included in the asset revaluation reserve for that class of

asset in which case the decrement is taken to the reserve to the extent of the remaining increments. Within the same class

of assets, revaluation increments and decrements within the year are offset.

Buildings, land improvements, plant and equipment, infrastructure, and other assets having limited useful lives are

systematically depreciated over their useful lives to the Council in a manner which reflects consumption of the service

potential embodied in those assets. Estimates of remaining useful lives and residual values are made on a regular basis

with major asset classes reassessed annually. Depreciation rates and methods are reviewed annually.

Where assets are constructed by Council, cost includes all materials used in construction, direct labour and an appropriate

share of directly attributable variable and fixed overheads.

In accordance with Council's policy, the threshold limits detailed in Note 1 (n) have applied when recognising assets within

an applicable asset class and unless otherwise stated are consistent with the prior year.

Page: 9




(n) Depreciation of property, infrastructure, plant and equipment (continued)

Asset recognition thresholds and depreciation periods

Asset category For the year ended 30 June: 2016 2015

Property $'000

land - - -

land improvements 25 25 10

Buildings

buildings 50 50 10

Plant and Equipment

plant, machinery and equipment 5-10 5-10 1

fixtures, fittings and furniture 3-10 3-10 1

computers and telecommunications 3-10 3-10 1

library collection 3-10 3-10 1

Infrastructure

sealed roads formation 100.0 100 10

unsealed roads formation 100.0 100 10

sealed roads pavement 80.4 50 10

unsealed roads pavement 25.0 50 10

sealed surfaces 18.5 13 10

footpaths 52.1 50 10

kerb and channel 78.1 50 10

major culverts, pipes and pits 80-100 50 10

bridges 108.0 50-75 10

other structures 10-25 10-75 1

(o) Repairs and maintenance

(p) Investment property

(q)

Depreciation Period (years) Threshold

Limit

Routine maintenance, repair costs, and minor renewal costs are expensed as incurred. Where the repair relates to the

replacement of a component of an asset and the cost exceeds the capitalisation threshold the cost is capitalised and

depreciated.

Investment property is held to generate long-term rental yields. Investment property is measured initially at cost, including

transaction costs. Costs incurred subsequent to initial acquisition are capitalised when it is probable that future economic

benefit in excess of the originally assessed performance of the asset will flow to the Council. Subsequent to initial

recognition at cost, investment property is carried at fair value, determined annually by independent valuers. Changes to

fair value are recorded in the comprehensive income statement in the period that they arise. Rental income from the leasing

of investment properties is recognised in the comprehensive income statement on a straight line basis over the lease term.

Council does not currently have any investment property.

At each reporting date, the Council reviews the carrying value of its assets to determine whether there is any indication that

these assets have been impaired. If such an indication exists, the recoverable amount of the asset, being the higher of the

asset's fair value less costs to sell and value in use, is compared to the assets carrying value. Any excess of the assets

carrying value over its recoverable amount is expensed to the comprehensive income statement, unless the asset is carried

at the revalued amount in which case, the impairment loss is recognised directly against the revaluation surplus in respect

of the same class of asset to the extent that the impairment loss does not exceed the amount in the revaluation surplus for

that same class of asset.

Impairment of assets

Page: 10




(r) Trust funds and deposits

(s) Borrowings

Borrowing costs

(t) Employee costs and benefits

Wages and salaries and annual leave

Long service leave

Liability for long service leave (LSL) is recognised in the provision for employee benefits.

The components of this current liability are measured at :

present value - component that is not expected to be wholly settled within 12 months.

nominal value - component that is expected to be wholly settled within 12 months.

Classification of employee costs

Superannuation

Borrowing costs are recognised as an expense in the period in which they are incurred, except where they are capitalised

as part of a qualifying asset constructed by Council. Except where specific borrowings are obtained for the purpose of

specific asset acquisition, the weighted average interest rate applicable to borrowings at balance date, excluding

borrowings associated with superannuation, is used to determine the borrowing costs to be capitalised.

Borrowing costs include interest on bank overdrafts and interest on borrowings.

The calculation of employee costs and benefits includes all relevant on-costs and are calculated as follows at reporting

date.

Current Liability - unconditional LSL is disclosed as a current liability even when the council does not expect to settle the

liability within 12 months because it will not have the unconditional right to defer settlement of the entitlement should an

employee take leave within 12 months.

Non-current liability - conditional LSL that has been accrued, where an employee is yet to reach a qualifying term of

employment, is disclosed as a non-current liability. There is an unconditional right to defer settlement of the entitlement until

the employee has completed the requisite years of service. This non-current LSL liability is measured at present value.

The amount charged to the Comprehensive Income Statement in respect of superannuation represents contributions made

or due by Pyrenees Shire Council to the relevant superannuation plans in respect to the services of Pyrenees Shire

Council’s staff (both past and present). Superannuation contributions are made to the plans based on the relevant rules of

each plan and any relevant compulsory superannuation requirements that Pyrenees Shire Council is required to comply

with.

Liabilities for wages and salaries, including non-monetary benefits and annual leave expected to be wholly settled within 12

months of the reporting date are recognised in the provision for employee benefits in respect of employee services up to

the reporting date, classified as current liabilities and measured at their nominal values.

Liabilities that are not expected to be wholly settled within 12 months of the reporting date are recognised in the provision

for employee benefits as current liabilities, measured at present value of the amounts expected to be paid when the

liabilities are settled using the remuneration rate expected to apply at the time of settlement.

Amounts received as deposits and retention amounts controlled by Council are recognised as trust funds until they are

returned, transferred in accordance with the purpose of the receipt, or forfeited (refer to Note 24).

Borrowings are initially measured at fair value, being the cost of the interest bearing liabilities, net of transaction costs. The

measurement basis subsequent to initial recognition depends on whether the Council has categorised its interest-bearing

liabilities as either financial liabilities designated at fair value through the profit and loss, or financial liabilities at amortised

cost. Any difference between the initial recognised amount and the redemption value is recognised in net result over the

period of the borrowing using the effective interest method. The classification depends on the nature and purpose of the

interest bearing liabilities. The Council determines the classification of its interest bearing liabilities at initial recognition.

Page: 11




(u) Leases

Finance leases

Operating leases

Leasehold improvements

(v) Goods and Services Tax (GST)

(w) Financial guarantees

(x)

(y) Pending accounting standards

(z) Rounding

Contingent assets and contingent liabilities and commitments

Certain new AAS's have been issued that are not mandatory for the 30 June 2016 reporting period. Council has assessed

these pending standards and has identified that no material impact will flow from the application of these standards in future

reporting periods.

Unless otherwise stated, amounts in the financial report have been rounded to the nearest thousand dollars. Figures in the

financial statement may not equate due to rounding.

Commitments are not recognised in the Balance Sheet. Commitments are disclosed at their nominal value by way of note

and presented inclusive of the GST payable.

Financial guarantee contracts are not recognised as a liability in the balance sheet unless the lender has exercised their

right to call on the guarantee or Council has other reasons to believe that it is probable that that right will be exercised. At

balance date, Council does not have any financial guarantees.

Contingent assets and contingent liabilities are not recognised in the Balance Sheet, but are disclosed by way of a note

and, if quantifiable, are measured at nominal value. Contingent assets and liabilities are presented inclusive of GST

receivable or payable respectively.

Lease payments for operating leases are required by the accounting standards to be recognised on a straight line basis,

rather than expensed in the years in which they are incurred.

Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not

recoverable from the Australian Tax Office. In these circumstances the GST is recognised as part of the cost of acquisition

of the asset or as part of an item of the expense. Receivables and payables in the balance sheet are shown inclusive of

GST.

Cash flows are presented in the Statement of Cash flows on a gross basis.

Leases of assets where substantially all the risks and rewards incidental to ownership of the asset, are transferred to the

Council are classified as finance leases. Finance leases are capitalised, recording an asset and a liability at the lower of

the fair value of the asset and the present value of the minimum lease payments, including any guaranteed residual value.

Lease payments are allocated between the reduction of the lease liability and the interest expense. Leased assets are

depreciated on a straight line basis over their estimated useful lives to the Council where it is likely that the Council will

obtain ownership of the asset or over the term of the lease, whichever is the shorter. Council does not presently have any

leased assets subject to finance leases.

Leasehold improvements are recognised at cost and are amortised over the unexpired period of the lease or the estimated

useful life of the improvement, whichever is the shorter. At balance date, Council does not have any leasehold

improvements.

Page: 12



Note 2 Budget comparison

Budget Actual Variance

a) Income and Expenditure 2016 2016 2016

$'000 $'000 $'000 % Ref

Income

Rates and service charges 8,580 8,683 103 1%

Statutory fees and fines 124 128 4 3%

User charges 736 724 (12) -2% 1

Grants - operating 4,006 2,738 (1,268) -32% 2

Grants - capital 5,269 4,484 (785) -15% 3

Contributions - monetary 70 54 (16) -23% 4

27 - (27) -100% 5

Other income 255 266 11 4%

Total income 19,067 17,077 (1,990)

Expenses

Employee costs 6,312 6,430 (118) -2%

Materials and services 5,863 5,583 280 5%

Bad and doubtful debts 2 - 2 100%

Depreciation 8,200 6,548 1,652 20% 6

Borrowing costs 34 28 6 18%

Tanya Kehoe - 35 8 5

- 19 19 7

Other expenses 298 317 (19) -6%

Total expenses 20,709 18,960 1,830

Surplus/(deficit) for the year (1,642) (1,883) (160)

Explanation of material variations

Ref Item Explanation

1 User charges

2 Grants - operating

(1,501)

159

(1,342)

The budget comparison notes compare Council’s financial plan, expressed through its annual budget, with actual

performance. The Local Government (Planning and Reporting) Regulations 2014 requires explanation of any material

variances. Council has adopted a materiality threshold of 10 percent or more than $10,000 where further explanation is

warranted. Explanations have not been provided for variations below the materiality threshold unless the variance is

considered to be material because of its nature.

The budget figures detailed below are those adopted by Council on 19 May 2015. The Budget was based on assumptions

that were relevant at the time of adoption of the Budget. Council sets guidelines and parameters for revenue and expense

targets in this budget in order to meet Council’s planning and financial performance targets for both the short and long term.

The budget did not reflect any changes to equity resulting from asset revaluations, as their impacts were not considered

predictable.

The level of operating grants received by Council had two significant variations to budget

Net gain on disposal of property, infrastructure, plant and

equipment

These notes are prepared to meet the requirements of the Local Government Act 1989 and the Local Government

(Planning and Reporting) Regulations 2014 .

Net loss on disposal of property, infrastructure, plant and

equipment

Fair value adjustment for non-current assets classified as held for

sale

User charges by category included a number of variations, but in total were $12,000 or 1.63%

below budget.

Federal Assistance Grants general allocation - half of the 2015-

2016 funding was received in 2014-2015

HACC funding received was greater than budget

Page: 13



Note 2 Budget comparison (continued)

Explanation of material variations (continued)

3 Grants - capital

(1,045)

Caravan Park Grant budgeted but not received (70)

Roads to Recovery Grant greater than budget 812

Country Roads and Bridges Grant budgeted but not received (1,000)

508

(795)

4 Contributions - monetary

42

(70)

9

2

(17)

5 Net gain/(loss) on disposal

of property, infrastructure,

plant and equipment

6 Depreciation

7 Fair value adjustment for

non-current assets

classified as held for sale

Council budgeted for a gain on the disposal of property, infrastructure, plant and equipment of

$27,000 and the actual result was a loss was $35,000. This loss arose predominantly from the

sale of residential land slightly below carrying value.

During the year Council received three unbudgeted contributions and a large budgeted

contribution was not received because it was a matching contribution for a grant application that

was not successful.

The level of capital grants received by Council had a number of significant variations to budget

including:

Federal Assistance Grants Local Roads - half of the 2015-2016

funding was received in 2014-2015

Recreational contribution received but not budgeted

Black Spot Road Funding received but not budgeted

The budget did not reflect any changes to equity resulting from fair value adjustments for non-

current assets classified as held for sale, as their impacts were not considered predictable. The

actual fair value adjustment was a decrease of $19,000.

Road infrastructure assets were revalued during the year. This revaluation resulted in a

significant reduction in the replacement value of all road segments including sealed pavements (-

18%), unsealed pavements (-42%) and sealed surfaces (-13%). This gave rise to a

corresponding reduction in annual depreciation charges relating to road infrastructure assets of

28%.

Roadworks contribution received but not budgeted

Caravan park contributions budgeted but not received

Promotional contributions received but not budgeted

Page: 14




Budget Actual Variance

b) Capital Works 2016 2016 2016

$'000 $'000 $'000 Ref

Property

Buildings - specialised 413 66 (347) -84% 8

Total Buildings 413 66 (347)

Total Property 413 66 (347)

Plant and Equipment

Plant, machinery and equipment 773 640 (133) -17% 9

Fixtures, fittings and furniture 10 13 3 30%

Computers and telecommun-ications 75 53 (22) -29% 10

Library collection - 24 24 11

Total Plant and Equipment 858 730 (128)

Infrastructure

Roads 3,740 3,920 180 5% 12

Footpaths and cycleways 10 3 (7) -70%

Drainage 150 401 251 167% 13

Bridges 746 881 135 18% 14

Other structures - 12 12 15

Total Infrastructure 4,646 5,217 571

Total Capital Works Expenditure 5,917 6,013 96

Represented by:

New asset expenditure - 333 333

Asset renewal expenditure 4,758 3,945 (813)

Asset upgrade expenditure 1,159 1,735 576

Total Capital Works Expenditure 5,917 6,013 96

Explanation of material variations

Ref Item Explanation

8 Buildings - specialised

(340)

(340)

9 Plant, machinery and

equipment

10 Computers and

telecommun-ications

11 Library

collection

One item of plant that Council had budgeted to trade-in was ordered but not delivered as at

balance date.

The 2015-16 budget for library expenditure was all shown as operating expenditure when in fact

a portion of the expenditure is on the library collection which is a capital item, so this variance

has arisen because of the accounting treatment of this expenditure rather than through

additional expenditure.

Caravan Park Improvements - budgeted but not undertaken

Council budgeted to undertake a major caravan park improvement project that did not proceed

because it was contingent on a grant funding application that was not successful.

Council budgeted to spend $75,000 on capital purchases of computer equipments. Part of this

budget was utilised to undertake a new information technology strategy which cost $21,000 and

was expensed.

Page: 15




Explanation of material variations (continued)

12 Roads

Roads to Recovery Grant funded expenditure greater than budget 757

(1,000)

508

Black Bottom Rd/Beaufort-Waubra Rd Intersection Incomplete (97)

168

13 Drainage

14 Bridges

15 Other

structures

During the year Council received significant additional Roads to Recovery funding (see note 2

above) and part of this additional funding was spent on bridgeworks.

Council $13,000 on streetscape works that were funded by State government funding that was

not budgeted for.

Council spent $132,000 of its $150,000 budget on its major culverts program. The Correa Park

residential subdivision included the construction of $269,000 of drainage assets that were

budgeted for under expenditure on non-current assets held for resale, so this variance has

arisen because of the accounting treatment of this expenditure rather than through additional

expenditure.

Capital expenditure on roads was subject to a number of variations including:

Black Spot Road Grant funded expenditure greater than budget

Country Roads and Bridges Grant funded expenditure budgeted

but not received and therefore not spent

Page: 16



2016 2015

$'000 $'000

Note 3 Rates and service charges

Farm and Rural 3,741 3,573

Residential 2,634 2,449

Waste service charges 1,034 955

Vacant land 791 760

Wind Farm 249 206

Commercial and Industrial 177 168

Interest on rates 40 38

Recreation and Cultural 17 16

Total rates and service charges 8,683 8,165

Note 4 Statutory fees and fines

Town planning fees 57 40

Environmental health fees 34 32

Land information and building certificate fees 22 17

Fines 15 13

Total statutory fees and fines 128 102

Note 5 User charges

Tanya KehoeNote Caravan park charges 169 141

Home care charges 110 115

Building charges 82 52

Animal registration charges 76 77

Rental and function charges 72 68

Delivered meals charges 46 48

Swimming pool charges 29 26

Goldfields Recreation Reserve venue hire charges 26 26

Resource and information centre charges 22 19

Waste disposal charges 20 17

Community transport charges 9 9

Planned activity group charges 8 8

Economic development charges - 13

Other charges 55 48

Total user charges 724 667

Council uses Capital Improved Value (CIV) as the basis of valuation of all properties within the municipal district. The CIV

of a property is its market value (land and buildings inclusive).

The valuation base used to calculate general rates for 2015-2016 was $1,583 million (2014-2015 was $1,572 million). The

2015-2016 general rate - cents in the CIV dollar was 0.4909 (2014-2015, was 0.4664).

The date of the last general revaluation of land for rating purposes within the municipal district was 1 January 2014, and the

valuation was first applied to the rating period commencing 1 July 2014.

The date of the next general revaluation of land for rating purposes within the municipal district is 1 January 2016, and the

valuation will be first applied in the rating year commencing 1 July 2016.

Page: 17



2016 2015

$'000 $'000

Note 6 Grants

Commonwealth funded grants 5,746 8,600

State funded grants 1,476 3,247

Total grants 7,222 11,847

Operating Grants

Recurrent - Commonwealth Government

Federal Assistance Grants - general purpose 1,369 4,461

Family day care 37 86

Recurrent - State Government

563 534

Library 6 211

Adult day care 168 165

Maternal & child health 102 102

Delivered meals 33 33

Youth outreach 33 32

Podiatry 30 29

Emergency relief - 21

Freeza 12 12

Other 31 45

2,384 5,731

Non-recurrent - Commonwealth Government

Roadside weeds & pests 50 -

Playgrounds 17 -

Non-recurrent - State Government

Amphitheatre recreation reserve 43 383

48 43

Home care transition 26 -

Shade structures - 80

Emergency planning 60 60

Drought response 55 -

Storm damage natural disaster - 49

Natte Yallock community hub - 32

Snake Valley Avenue of Honour - 20

Emergency communications 10 -

Other 45 47

354 714

2,738 6,445

Capital Grants

Recurrent - Commonwealth Government

Federal Assistance Grants - local roads 977 3,030

Recurrent - State Government

- -

977 3,030

Total operating grants

Total recurrent capital grants

Grants were received in respect of the following :

Summary of grants

Aged care and senior citizens

Roadside weeds and pests management

Total recurrent operating grants

Total non-recurrent operating grants

Page: 18



2016 2015

$'000 $'000

Note 6

Non-recurrent - Commonwealth Government

Roads to recovery 2,788 1,023

Road Black Spot 508 -

Non-recurrent - State Government

Landsborough streetscape 180 -

Avoca hall 21 189

Beaufort caravan park 10 90

Rural roads and bridges - 1,000

Small rural township streetscape upgrade - 65

Amphitheatre tennis courts - 5

Total non-recurrent capital grants 3,507 2,372

Total capital grants 4,484 5,402

Total grants 7,222 11,847

Unspent grants received on condition that they be spent in a specific manner

Balance at start of year 182 868

Received during the financial year and remained unspent at balance date 133 182

Received in prior years and spent during the financial year (170) (868)

Balance at year end 145 182

Note 7

Monetary - Operating 10 29

Monetary - Capital 44 129

Total contributions 54 158

Note 8

Plant and equipment

233 371

(232) (246)

1 125

Land classified as held for resale

524 286

Selling costs (39) (32)

(521) (253)

(36) 1

(35) 126

Grants (continued)

Net gain/(loss) on disposal of property, infrastructure, plant and equipment

Total net gain/(loss) on disposal of property, infrastructure, plant and equipment

Proceeds of sale

Written down value of assets disposed

Proceeds of sale

Carrying value of assets disposed

Net gain on disposal of plant and equipment

Net gain(loss) on disposal of land classified as held for resale

Contributions

Page: 19



2016 2015

$'000 $'000

Note 9 Other income

Interest on investments 161 155

Reimbursement - State Revenue Office 39 37

Legal fees - rates 37 43

Private works 25 33

Other 4 9

266 277

Note 10(a) Employee costs

Wages and salaries 5,687 5,722

Superannuation 564 547

Fringe benefits tax 100 99

WorkCover insurance premium 79 90

Total employee costs 6,430 6,458

Note 10(b) Superannuation

Council made contributions to the following funds:

Defined benefit fund 9.5%

Employer contributions to Local Authorities Superannuation Fund (Vision Super) 100 133

100 133

- -

Accumulation funds 9.5%

420 350

Australian Super 24 23

Rowe Family Superannuation Fund - 21

Adelaide Managed Fund 10 10

First State Super 8 8

Elliott & Strietman Superannuation Fund 1 1

Vic Super 1 1

464 414

Local Authorities Superannuation Fund (Vision Super)

Defined benefits employer contributions payable at reporting date.

Total other income

Page: 20



2016 2015

$'000 $'000

Note 11

Contractors 1,640 2,021

Consumables 1,198 1,286

Contracted Service Delivery 1,164 1,120

Insurance 286 308

Electricity and water 206 201

Plant expenses 190 282

Telecommunications 175 180

Information technology 170 140

Advertising 125 114

Subscriptions and memberships 96 90

Conferences and training 86 81

72 81

Cleaning 54 97

Legal fees 43 49

Valuations 27 34

36 24

Fire services levy 15 14

5,583 6,122

Note 12 Bad and doubtful debts

Planning debtors - 4

Fire hazard infringement debtors - 1

Total bad and doubtful debts - 5

Note 13 Depreciation

Infrastructure 4,638 5,980 Property 1,285 1,276 Plant and equipment 625 646

6,548 7,902

Note 14 Borrowing costs

Interest on borrowings 28 128

Total

borrowing

28 128

Note 15 Other expenses

Councillors' allowances 149 146

Operating lease rentals 76 73

Auditors' remuneration - internal auditor 47 35

38 26

Internal audit committee 7 8

Total other expenses 317 288

Total materials and services

Materials and services

Contributions and donations

Auditors' remuneration - audit of the financial statements, performance statements and

grant acquittals by the Victorian Auditor General's Office (VAGO)

Total depreciation

Stationery, postage, photocopying and printing

Refer to note 22 for a more detailed breakdown of depreciation charges.

Page: 21



2016 2015

$'000 $'000

Note 16 Cash and cash equivalents

Cash on hand 2 2

Cash at bank 1,646 4,171

Term deposits - 2,800

Total cash and cash equivalents 1,648 6,973

- Trust funds and deposits (Note 24) 182 176

- Recreational land reserve (Note 27) 9 9

Total restricted funds 191 185

1,457 6,788

Intended allocations

1,554 1,212

90 77

- 2,490

- 105

1,644 3,884

Note 17 Trade and other receivables

Current

Rates debtors 415 349

Tanya KehoeSundry debtors 315 278

Net Australian Taxation Office receivable 185 195

Private scheme debtors 12 10

Total current trade and other receivables 927 832

Non-current

Private scheme debtors 115 104

Total non-current trade and other receivables 115 104

Total trade and other receivables 1,042 936

a) Ageing of receivables

Current (not yet due) 290 229

Past due by up to 30 days 59 16

Past due between 31 and 180 days 18 92

Past due between 181 and 365 days 2 142

Past due by more than 1 year 143 4

Total trade and other receivables 512 483

At balance date current debtors representing financial assets were past due but not impaired. These amounts relate to a

number of independent customers for whom there is no recent history of default. The ageing of the Council's trade and other

receivables (excluding rates debtors) was:

Council's cash and cash equivalents are subject to external restrictions that limit amounts available for discretionary use.

These include:

Although not externally restricted the following amounts have been allocated for specific future purposes by Council:

- Net cash held to fund carried forward capital works

Total funds subject to intended allocations

Total unrestricted cash and cash equivalents

- Victoria Grants Commission 2015-2016 funding received in advance

- Home & Community Care growth funding

Refer to note 18 for details of other financial assets held by Council.

- Library 2015-2016 funding received in advance

Page: 22



2016 2015

$'000 $'000

Note 18 Other financial assets

Term deposits 3,508 9

Total other financial assets 3,508 9

Note 19 Inventories

Inventories held for sale 7 7

Total inventories 7 7

Note 20 Non-current assets classified as held for sale

Residential land held for sale 783 660

Industrial land held for sale 330 305

1,113 965

Balance at beginning of financial year 965 820

Additions 688 331

Disposals (521) (253)

Revaluation increment/(decrement) (19) 67

Balance at end of financial year 1,113 965

Note 21 Other assets

Prepayments 110 49

Accrued Income 20 99

Total other assets 130 148

Valuation of residential and industrial land held for sale has been determined in accordance with a valuation by qualified

independent valuer Mr Chris Barrett, BSc., MBA, AAPI, Certified Practicing Valuer, who has recent experience in the

location and category of the property being valued. The valuation is at fair value, based on the current market value for the

property. The residential and industrial land is held at the lower of carrying value or fair value.

Valuation of residential and industrial land held for sale

Total non-current assets classified as held for sale

Movement in non-current assets classified as held for sale

Page: 23

Note 22 Property, infrastructure, plant and equipment

Summary of property, infrastructure, plant and equipment

At Fair Value 30

June 2016

Accumulated

Depreciation

WDV at

30 June 2016

At Fair Value 30

June 2015

Accumulated

Depreciation

WDV at

30 June 2015

Land 8,532 (1,538) 6,994 8,532 (1,326) 7,206

Buildings 48,878 (21,961) 26,917 48,812 (20,888) 27,924

Plant and Equipment 7,591 (4,587) 3,004 7,453 (4,322) 3,131

Infrastructure 303,637 (111,923) 191,714 340,249 (95,380) 244,869

Work in progress 510 - 510 47 - 47

TOTAL 369,148 (140,009) 229,139 405,093 (121,916) 283,177

Summary of Work in Progress

Opening WIP Additions Transfers Write Offs Closing WIP

Infrastructure 47 510 (47) 510

TOTAL 47 510 47- - 510

Land -

specialised

Land

improvements

Total

Land

Buildings -

specialisedTotal Buildings

Work In

Progress

Total

Property

At fair value 1 July 2015 2,983 5,549 8,532 48,812 48,812 - 57,344

Accumulated depreciation at 1 July 2015 - (1,326) (1,326) (20,888) (20,888) - (22,214)

Written down value at 1 July 2015 2,983 4,223 7,206 27,924 27,924 - 35,130

Movements in fair value

Tanya KehoeMovements in fair value - - - 66 66 - 66

Transfers - - - - - - -

Movements in value for year - - - 66 66 - 66

Movements in accumulated depreciation

Depreciation - (212) (212) (1,073) (1,073) - (1,285)

- (212) (212) (1,073) (1,073) - (1,285)

At fair value 30 June 2016 2,983 5,549 8,532 48,878 48,878 - 57,410

Accumulated depreciation at 30 June 2016 - (1,538) (1,538) (21,961) (21,961) - (23,499)

Written down value at 30 June 2016 2,983 4,011 6,994 26,917 26,917 - 33,911





Land and Buildings

Movements in accumulated

depreciation for year

Page: 24





Note 22 Property, infrastructure, plant and equipment (continued)

Plant, machinery

and equipment

Fixtures, fittings

and furniture

Computers and

telecommun-

ications

Library

collection

Total plant and

equipment

At fair value 1 July 2015 5,726 272 1,172 283 7,453

Accumulated depreciation at 1 July 2015 (2,919) (227) (997) (179) (4,322)

Written down value at 1 July 2015 2,807 45 175 104 3,131


Acquisition of assets at fair value 640 13 53 24 730

Fair value of assets disposed (592) - - - (592)

Movements in value for year 48 13 53 24 138


Depreciation (488) (10) (98) (29) (625)

Accumulated depreciation of disposals 360 - - - 360

(128) (10) (98) (29) (265)

At fair value 30 June 2016 5,774 285 1,225 307 7,591

Accumulated depreciation at 30 June 2016 (3,047) (237) (1,095) (208) (4,587)

Written down value at 30 June 2016 2,727 48 130 99 3,004

Roads Bridges

Footpaths and

cycleways Drainage

Other

structures

Work In

ProgressTotal

Infrastructure

At fair value 1 July 2015 286,196 35,047 1,803 16,533 670 47 340,296

Accumulated depreciation at 1 July 2015 (75,133) (14,312) (857) (4,798) (280) - (95,380)

Written down value at 1 July 2015 211,063 20,735 946 11,735 390 47 244,916


Acquisition of assets at fair value 3,410 881 3 401 12 510 5,217

Revaluation increments/decrements (61,296) 7,578 68 379 - - (53,271)

Transfers 47 - - - - (47) -

Movements in value for year (57,839) 8,459 71 780 12 463 (48,054)


Depreciation (3,917) (447) (37) (195) (42) - (4,638)

(3,917) (447) (37) (195) (42) - (4,638)

At fair value 30 June 2016 231,563 50,837 1,965 18,590 682 510 304,147

Accumulated depreciation at 30 June 2016 (82,256) (22,090) (985) (6,270) (322) - (111,923)

Written down value at 30 June 2016 149,307 28,747 980 12,320 360 510 192,224

Infrastructure

Plant and Equipment





Page: 25



Note 22 Property, infrastructure, plant and equipment (continued)

Valuation of land and buildings

Level 1 Level 2 Level 3

Specialised land - - 2,983

Land improvements - 4,011 -

Specialised buildings - - 26,917

Total property - 4,011 29,900

2016 2015

Reconciliation of specialised land $'000 $'000

Recreation 1,672 1,672

Tourism 391 391

Works 348 348

Waste management 281 281

Children's services 107 107

Roads 98 98

Administration 86 86

Total specialised land 2,983 2,983

Valuation of infrastructure

Tanya Kehoe

Level 1 Level 2 Level 3

Roads - - 149,307

Footpaths and cycleways - - 980

Drainage - - 12,320

Bridges - - 28,747

Other

structures

- - 360

Total infrastructure - - 191,714

Description of significant unobservable inputs into level 3 valuations

Infrastructure assets are valued based on the depreciated replacement cost. Significant unobservable inputs include the

current replacement cost and remaining useful lives of infrastructure. The remaining useful lives of infrastructure assets are

determined on the basis of the current condition of the asset and vary from 1 year to 108 years. Replacement cost is

sensitive to changes in market conditions, with any increase or decrease in cost flowing through to the valuation. Useful

lives of infrastructure are sensitive to changes in use, expectations or requirements that could either shorten or extend the

useful lives of infrastructure assets.

Valuation of land and buildings was undertaken by qualified independent valuer Mr Chris Barrett, BSc., MBA, AAPI, Certified

Practicing Valuer. The valuation of land and buildings is at fair value, being market value based on highest and best use

permitted by relevant land planning provisions. Where land use is restricted through existing planning provisions the

valuation is reduced to reflect this limitation. This adjustment is an unobservable input in the valuation. The adjustment has

no impact on the comprehensive income statement. The effective date of the most recent revaluation is 30 June 2014.

Specialised land is valued at fair value using site values adjusted for englobo (undeveloped and/or unserviced)

characteristics, access rights and private interests of other parties and entitlements of infrastructure assets and services.

This adjustment is an unobservable input in the valuation. The adjustment has no impact on the comprehensive income

statement.

Details of the Council’s land and buildings and information about the fair value hierarchy as at 30 June 2016 are as follows:

Valuation of bridge, footpath and cycleway, kerb and channel, road pavement, road formation and sealed surface assets

has been determined in accordance with an independent valuation undertaken by Mr Peter Moloney, Dip. C.E., MIE

Australia. The effective date of the most recent revaluation is 31 December 2015.

The valuation is at fair value based on replacement cost less accumulated depreciation as at the date of valuation.

Details of the Council’s infrastructure and information about the fair value hierarchy as at 30 June 2016 are as follows:

Valuation of major culvert, pit and pipe assets has been determined in accordance with a valuation undertaken by Council's

Manager of Assets, Mr Robert Rowe. The effective date of the most recent revaluation is 30 June 2016.

Page: 26



2016 2015

$'000 $'000

Note 23 Trade and other payables

Trade payables 655 730

Accrued payables 328 147

Total trade and other payables 983 877

Note 24 Trust funds and deposits

Refundable deposits 74 74

Landsborough Community trust funds 85 77

Camp Hill trust funds 20 20

Fire services property levy collected - 2

Other refundable deposits 3 3

Total trust funds and deposits 182 176

Note 25 Provisions

Balance at beginning of the financial year 2,061 2,023

Additional provisions 677 544

Amounts used (533) (511)

Increase in the discounted amount arising because of

time and the effect of any change in the discount rate

7 5

Balance at the end of the financial year 2,212 2,061

Tanya Kehoe Employee provisions

Annual leave 478 474

Long service leave 476 440

954 914

Annual leave 209 206


1,103 1,007

Total current provisions 2,057 1,921

Non-current provisions


Total non-current provisions 155 140

Purpose and nature of items

Refundable deposits - Deposits are taken by Council as a form of surety in a number of circumstances, including in relation to

building works, tender deposits, contract deposits and the use of civic facilities.

Total current provisions expected to be wholly settled after 12 months

Total current provisions expected to be wholly settled within 12 months

Trust funds - Council has received money from two community groups which it is holding in trust until such time the funds are

required to contribute to a project in that community.

Current provisions expected to be wholly settled after 12 months

Current provisions expected to be wholly settled within 12 months

Page: 27



2016 2015

$'000 $'000

Note 25 Provisions (continued)

Current 2,057 1,921

Non-current 155 140

Total aggregate carrying amount of employee

provisions

2,212 2,061

The following assumptions were adopted in measuring the present value of employee benefits:

Weighted average increase in employee costs 4.125% 4.438%

Weighted average discount rates 1.990% 3.028%

Weighted average long service leave settlement period 15 years 15 years

Note 26 Interest-bearing loans and borrowings

Current

Borrowings - secured 500 864

Non-current

Borrowings - secured - 373

Total interest-bearing loans and borrowings 500 1,237

a) The maturity profile for Council's borrowings is:

Not later than one year 500 864

Later than one year and not later than five years - 292

Later than five years - 81

500 1,237

Current 500 864

Non-current - 373

500 1,237

b) Aggregate carrying amount of interest-bearing loans and borrowings:

Aggregate carrying amount of employee provisions:

Borrowings are secured by a charge over the municipal rates of Council.

Page: 28

Note 27 Reserves

(a) Asset revaluation reserve $'000 $'000 $'000

2016

Property

Land 1,845 - 1,845

Buildings 19,140 - 19,140

Total property revaluation reserve 20,985 - 20,985

Infrastructure

Roads 157,746 (61,296) 96,450

Footpaths and cycleways 759 68 827

Drainage 10,257 379 10,636

Bridges 12,594 7,578 20,172

Plant and equipment 301 - 301

Furniture and fittings 40 - 40

Total infrastructure revaluation reserve 181,697 (53,271) 128,426

Total asset revaluation reserves 202,682 (53,271) 149,411

2015

Property

Land 1,845 - 1,845

Buildings 19,140 - 19,140

Total property revaluation reserve 20,985 - 20,985

Infrastructure

Roads 157,746 - 157,746

Tanya Kehoe Footpaths and cycleways 759 - 759

Drainage 10,257 - 10,257

Bridges 12,594 - 12,594

Plant and equipment 301 - 301

Furniture and fittings 40 - 40

Total infrastructure revaluation reserve 181,697 - 181,697

Total asset revaluation reserves 202,682 - 202,682

Balance at

beginning of

reporting period

Transfer from

accumulated

surplus

Balance at end

of reporting

period

(b) Recreational land reserve $'000 $'000 $'000

2016

Recreational land 9 - 9

Total recreational land reserves 9 - 9

2015

Recreational land 9 - 9

Total recreational land reserves 9 - 9

The recreational land reserve contains contributions paid by developers undertaking the subdivision of residential land.

These funds are required to be expended on the creation or expansion of recreational opportunities for the community, and

are held until such time the relevant expenditure is incurred.



The asset revaluation reserve is used to record the increased (net) value of Council's assets over time.

Balance at

beginning of

reporting period

Increment

(decrement)

Balance at

end of

reporting period

Page: 29



2016 2015

$'000 $'000

Note 28

Surplus/(deficit) for the year (1,883) 506

Depreciation 6,548 7,902

35 (126)

- (67)

Impairment adjustment for non-current assets classified as held for sale 19 -

Borrowing costs 28 128

Change in assets and liabilities:

(Increase) in trade and other receivables (106) (51)

(Increase) in inventories - (2)

(Increase)/Decrease in prepayments (61) 50

(Increase)/Decrease in accrued income 79 (45)

Increase/(Decrease) in trade and other payables 106 (95)

Increase in provisions 151 38

Increase in trust funds and deposits 6 3

Net GST on operating activities 458 499

Net cash provided by operating activities 5,380 8,740

Note 29 Reconciliation of cash and cash equivalents

Cash and cash equivalents (see note 16) 1,648 6,973

Less bank overdraft (see note 30 ) - -

Total cash and cash equivalents 1,648 6,973

Note 30 Financing arrangements

Bank overdraft 400 400

Credit card facilities 47 42

Total facilities 447 442

Used bank overdraft - -

Used credit card facilities 6 8

Unused facilities 441 434

Fair value adjustment for non-current assets classified as held for sale


Reconciliation of cash flows from operating activities to surplus/(deficit)

Page: 30

Pyrenees Shire CouncilNotes to the Financial Report


Note 31

2016Not later than

1 year

Later than 1

year and not

later than 2

years

Later than 2

years and not

later than 5

years

Later than 5

years Total

$'000 $'000 $'000 $'000 $'000

Operating

841 - - - 841

789 824 936 - 2,549

161 162 81 - 404

1,791 986 1,017 - 3,794

Capital

Non-current assets classified as held for sale 82 - - - 82

Plant and machinery 234 - - - 234

316 - - - 316

2015

Operating

164 - - - 164

750 761 840 - 2,351

73 - - - 73

987 761 840 - 2,588

Capital

- - - - -

Note 32 Operating leases2016 2015

$'000 $'000

75 75

158 233

233 308

Note 33 Superannuation

At the reporting date, the Council had the following obligations under non-cancellable operating leases for the lease of equipment

for use within Council's activities (these obligations are not recognised as liabilities):

Waste services

Later than one year and not later than five years

Total operating lease commitments

Not later than one year

Council makes the majority of its employer superannuation contributions in respect of its employees to the Local Authorities

Superannuation Fund (the Fund). This Fund has two categories of membership, accumulation and defined benefit, each of which

is funded differently. Obligations for contributions to the Fund are recognised as an expense in the Comprehensive Income

Statement when they are made or due.

The Fund's accumulation categories, Vision MySuper/Vision Super Saver, receive both employer and employee contributions on a

progressive basis. Employer contributions are normally based on a fixed percentage of employee earnings (for the year ended 30

June 2016, this was 9.5% as required under Superannuation Guarantee legislation).

Commitments

Operating lease commitments

Swimming pool management

Waste services

Cleaning services

Total operating commitments

Bituminous resealing

The Council has entered into the following commitments

Cleaning services

Total operating commitments

Total capital commitments

Total capital commitments

Accumulation

Page: 31



Note 33

Employer contributions

Regular contributions

Funding calls

Vision Super has advised that the VBI at 30 June 2106 was 102.0% (subject to the finalisation of Fund Actuary report), (105.8% at

30 June 2015).

The VBI is to be used as the primary funding indicator. Because the VBI was above 100%, the 2015 interim actuarial

investigation determined the Defined Benefit category was in a satisfactory financial position and that no change was necessary to

the Defined Benefit category’s funding arrangements from prior years.

Council makes employer contributions to the Defined Benefit category of the Fund at rates determined by the Trustee on the

advice of the Fund Actuary.

Defined Benefit

Funding arrangements

Net investment returns 7.0% pa

Price inflation (CPI) 2.5% pa.

Council does not use defined benefit accounting for its defined benefit obligations under the Fund's Defined Benefit category. This

is because the Fund's Defined Benefit category is a pooled multi-employer sponsored plan.

There is no proportional split of the defined benefit liabilities, assets or costs between the participating employers as the defined

benefit obligation is a floating obligation between the participating employers and the only time that the aggregate obligation is

allocated to specific employers is when a call is made. As a result, the level of participation of Council in the Fund cannot be

measured as a percentage compared with other participating employers. Therefore, the Fund Actuary is unable to allocate benefit

liabilities, assets and costs between employers for the purposes of AASB 119.

Superannuation (continued)

As at 30 June 2015, an interim actuarial investigation was held as the Fund provides lifetime pensions in the Defined Benefit

category. The vested benefit index (VBI) of the Defined Benefit category of which Council is a contributing employer was 105.8%.

To determine the VBI, the fund Actuary used the following long-term assumptions:

Salary inflation 4.25% pa

On the basis of the results of the 2015 interim actuarial investigation conducted by the Fund Actuary, Council makes employer

contributions to the Fund’s Defined Benefit category at rates determined by the Fund’s Trustee. For the year ended 30 June

2016, this rate was 9.5% of members' salaries (9.5% in 2014/2015). This rate will increase in line with any increase to the

contribution rate. In addition, Council reimburses the Fund to cover the excess of the benefits paid as a consequence of

retrenchment above the funded resignation or retirement benefit.

If the Defined Benefit category is in an unsatisfactory financial position at an actuarial investigation or the Defined Benefit

category‘s VBI is below its shortfall limit at any time other than the date of the actuarial investigation, the Defined Benefit category

has a shortfall for the purposes of SPS 160 and the Fund is required to put a plan in place so that the shortfall is fully funded

within three years of the shortfall occurring. The Fund monitors its VBI on a quarterly basis and the Fund has set its shortfall limit

at 97%.

In the event that the Fund Actuary determines that there is a shortfall based on the above requirement, the Fund’s participating

employers (including Council) are required to make an employer contribution to cover the shortfall. Using the agreed

methodology, the shortfall amount is apportioned between the participating employers based on the pre-1 July 1993 and post-30

June 1993 service liabilities of the Fund’s Defined Benefit category, together with the employer’s payroll at 30 June 1993 and at

the date the shortfall has been calculated.

Due to the nature of the contractual obligations between the participating employers and the Fund, and that the Fund includes

lifetime pensioners and their reversionary beneficiaries, it is unlikely that the Fund will be wound up. If there is a surplus in the

Fund, the surplus cannot be returned to the participating employers. In the event that a participating employer is wound-up, the

defined benefit obligations of that employer will be transferred to that employer’s successor.

Page: 32



Note 33

Note 34 Contingent liabilities

Note 35

- monitoring of return on investment; and

(a) Objectives and policies

Council has obligations under a defined benefit superannuation scheme that may result in the need to make additional

contributions to the scheme. Matters relating to this potential obligation are outlined in Note 33. As a result of the volatility in

financial markets the likelihood of making such contributions in future periods exists. At this point in time it is not known if

additional contributions will be required, their timing or potential amount.

Financial Instruments

The Council's principal financial instruments comprise cash assets, term deposits, receivables (excluding statutory receivables),

payables (excluding statutory payables) and bank borrowings. Details of the significant accounting policies and methods adopted,

including the criteria for recognition, the basis of measurement and the basis on which income and expenses are recognised, in

respect of each class of financial asset, financial liability and equity instrument are disclosed in Note 1 of the financial statements.

Risk management is carried out by senior management under policies approved by the Council. These policies include

identification and analysis of the risk exposure to Council and appropriate procedures, controls and risk minimisation.

- benchmarking of returns and comparison with budget.

Interest rate movements have not been sufficiently significant during the year to have an impact on the Council's year end result.

(b) Market risk

Market risk is the risk that the fair value or future cash flows of Council's financial instruments will fluctuate because of changes in

market prices. The Council's exposures to market risk is primarily through interest rate risk with only insignificant exposure to

other price risks and no exposure to foreign currency risk.

Interest rate risk refers to the risk that the value of a financial instrument or cash flows associated with the instrument will fluctuate

due to changes in market interest rates. Council does not hold any interest bearing financial instruments that are measured at fair

value, and therefore has no exposure to fair value interest rate risk. Cash flow interest rate risk is the risk that the future cash

flows of a financial instrument will fluctuate because of changes in market interest rates. Council has minimal exposure to cash

flow interest rate risk through its cash and deposits that are at floating rate.

Investment of surplus funds is made with approved financial institutions under the Local Government Act 1989 . Council manages

interest rate risk by adopting an investment policy that ensures:

There has been no significant change in the Council's exposure, or its objectives, policies and processes for managing interest

rate risk or the methods used to measure this risk from the previous reporting period.

Interest rate risk

- diversification of investment product;

2015 Interim actuarial investigation surplus

amounts

Future superannuation contributions

A VBI surplus of $130.8 million; and

A total service liability surplus of $239 million.

The VBI surplus means that the market value of the fund’s assets supporting the defined benefit obligations exceed the vested

benefits that the defined benefit members would have been entitled to if they had all exited on 30 June 2015. The total service

liability surplus means that the current value of the assets in the Fund’s Defined Benefit category plus expected future

contributions exceeds the value of expected future benefits and expenses. Council was notified of the 30 June 2015 VBI during

August 2015.

Superannuation (continued)

The expected contributions to be paid to the Defined Benefit category of Vision Super for the year ending 30 June 2017 is

$99,000.

The Fund’s interim actuarial investigation as at 30 June 2015 identified the following in the defined benefit category of which

Council is a contributing employer:

Page: 33



Note 35

- Council has a policy for establishing credit limits for the entities it deals with;

(d) Liquidity risk

To help reduce these risks Council:

(e) Fair value

- Council may require collateral where appropriate; and

Credit risk is the risk that a contracting entity will not complete its obligations under a financial instrument and cause us to make a

financial loss. Council has exposure to credit risk on some financial assets included in its balance sheet. To help manage this risk:

(c) Credit risk

Taking into account past performance, future expectations, economic forecasts, and management's knowledge and experience of

the financial markets, Council believes the following movements are 'reasonably possible' over the next 12 months:

Council's financial assets and liabilities are not valued in accordance with the fair value hierarchy, rather, Council's financial assets

and liabilities are measured at amortised cost.

Unless otherwise stated, the carrying amount of financial instruments reflect their fair value.

Fair value hierarchy

- monitors budget to actual performance on a regular basis; and

- sets limits on borrowings relating to the percentage of loans to rate revenue and percentage of loan principal repayments to rate

revenue.

The Council's maximum exposure to liquidity risk is the carrying amounts of financial liabilities as disclosed in the face of the

balance sheet and is deemed insignificant based on prior periods' data and current assessment of risk.

There has been no significant change in Council's exposure, or its objectives, policies and processes for managing liquidity risk or

the methods used to measure this risk from the previous reporting period.

With the exception of borrowings, all financial liabilities are expected to be settled within normal terms of trade. Details of the

maturity profile for borrowings are disclosed at Note 26.

- A parallel shift of +2.0% and -1.0% in market interest rates (AUD) from year-end cash rates of 1.75% (2.00% at 30 June 2015).

These movements will not have a material impact on the valuation of Council's financial assets and liabilities, nor will they have a

material impact on the results of Council's operations.

Financial Instruments (continued)

There are no material financial assets which are individually determined to be impaired.

Liquidity risk includes the risk that, as a result of Council's operational liquidity requirements or that it will not have sufficient funds

to settle a transaction when required, Council will be forced to sell a financial asset at below value or may be unable to settle or

recover a financial asset.

- has a liquidity policy which targets a minimum and average level of cash and cash equivalents to be maintained;

- has readily accessible standby facilities and other funding arrangements in place;

- has a liquidity portfolio structure that requires surplus funds to be invested within various bands of liquid instruments;

(f) Sensitivity disclosure analysis

Receivables consist of a large number of customers, spread across the ratepayer, business and government sectors. Credit risk

associated with the Council's financial assets is minimal because the main debtor is secured by a charge over the rateable

property.

- Council only invest surplus funds with financial institutions which have the recognised credit rating specified in its investment

policy.

The maximum exposure to credit risk at the reporting date to recognised financial assets is the carrying amount, net of any

provisions for impairment of those assets, as disclosed in the balance sheet and notes to the financial statements. Council does

not hold any collateral.

Council may also be subject to credit risk for transactions which are not included in the balance sheet, such if and as when it

provides a guarantee for another party. Details of Council's contingent liabilities are disclosed in note 34.

Page: 34



Note 36 Related party transactions

(i) Responsible Persons

Councillors Councillor Tanya Kehoe (Mayor 01.07.2015 to 10.11.2015)

Councillor Michael O'Connor (Mayor 11.11.2015 to 30.06.2016)

Councillor David Clark

Councillor Ronald Eason

Councillor Robert Vance

Chief Executive Officer Jim Nolan

(ii) Remuneration of Responsible Persons

2016 2015

No. No. 3 3

1 1

1 1

$80,000 - $89,999 - 1

- 1

$200,000 - $209,999 1 -

6 7

348,000 341,000

(iii)

Tany

a

Keho

e

The number of Senior Officers other than the Responsible Persons, are shown below in their relevant income bands:

2016 2015

No. No.

1 -

- 1

1 1

1 -

- 1

3 3

440,000 443,000

(iv)

A Senior Officer other than a Responsible Person, is an officer of Council who:

a) has management responsibilities and reports directly to the Chief Executive; or

Total Remuneration for the reporting year for Senior Officers included above, amounted to:

b) whose total annual remuneration exceeds $139,000 (2015: $136,000)

Income Range:

$150,000 - $159,999

$160,000 - $169,999

$170,000 - $179,999

$100,000 - $109,999

Responsible persons retirement benefits

The aggregate amount paid during the reporting period by Council in connection with the retirement of responsible persons

was $0 (2014-2015 - $117,000)

$110,000 - $119,999

Names of persons holding the position of a Responsible Person at the Council at any time during the year are:

The numbers of Responsible Persons whose total remuneration from Council and any related entities, excluding retirement

benefits, fall within the following bands:

Income Range:

Senior Officers Remuneration

$30,000 - $39,999

$40,000 - $49,999

$110,000 - $119,999

Total Remuneration for the reporting year for Responsible Persons included above amounted to:

$20,000 - $29,999

Page: 35



Note 36 Related party transactions (continued)

(v)

(vi)

2016 2015

Avoca Newsagency $1,858 $1,675

Provision of printing and stationery goods, by a business in which Cr Eason is a partner.

Waterloo Treats $5,232 $4,756

Provision of catering, by a business part owned and operated by spouse of Cr O'Connor.

Umec Landcare Network Incorporated $1,500 $1,500

Pyrenees Store Co-operative Limited $5,830 $5,830

Provision of an operating grant to a community organisation of which Cr Clark is a director.

$14,420 $13,761

All of the above transactions were at arms length and in the normal course of Council's business.

Note 37 Events occurring after balance date

No matters have occurred after balance date that require disclosure in the financial report.

Cr R Eason

Cr M O'Connor

During the period Council entered into the following transactions with responsible persons or related parties of responsible

persons:

Total transactions with responsible persons

No loans have been made, guaranteed or secured by the Council to a Responsible Person during the reporting year (2014-

2015 - $0).

Cr D Clark

Cr D Clark

Provision of a community grant to a community organisation which Cr Clark works for on a part-time basis as a

contractor.

Loans to responsible persons

Transactions with responsible persons

Page: 36



Date : <Date>

Mayor

Date : <Date>

Beaufort

Tanya Kehoe

Councillor

Date : <Date>

Beaufort

Chief Executive Officer

Date : <Date>

Beaufort

Certification of the

Financial Statements

In my opinion the accompanying financial statements have been prepared in accordance with the Local Government Act 1989, the

Local Government (Planning and Reporting) Regulations 2014, Australian Accounting Standards and other mandatory professional

reporting requirements.

Paul Brumby B.Bus

Principal Accounting Officer

Beaufort

In our opinion the accompanying financial statements present fairly the financial transactions of Pyrenees Shire Council for the year

ended 30 June 2016 and the financial position of the Council as at that date.

As at the date of signing, we are not aware of any circumstances which would render any particulars in the financial statements to be

misleading or inaccurate.

We have been authorised by the Council and by the Local Government (Planning and Reporting) Regulations 2014 to certify the

financial statements in their final form.

Michael O'Connor

Jim Nolan

Page: 38